Cal. Civ. Code § 250.313
Remedy Where Distress and Sale Made and No Rent Due
Operative Text
In case any distress and sale of personal property shall be made for rent when no rent is due to the person distraining or to the person in whose name the distress had been taken, then the owner of the personal property shall, by action of trespass brought against the person distraining, recover double the value of the personal property so distrained and sold, together with the costs of suit. ARTICLE IV. EXEMPTIONS FROM DISTRESS AND SALE.
Under 68 P.S. § 250.313, if a landlord or their agent seizes and sells a tenant's personal property through the distress process when no rent is actually owed, the law treats that seizure as wrongful. The property owner whose belongings were taken can sue the person who carried out the distress and, if successful, is entitled to recover twice the value of the property that was seized and sold, plus court costs. This double-damages remedy is designed to deter improper use of the distress process.
Plain English — not legal advice.
Under 68 P.S. § 250.313, operators who use the distress process to seize a tenant's personal property face significant financial exposure if it turns out no rent was actually owed at the time of the seizure. Compliant property managers verify that a genuine, documented rent debt exists before initiating any distress action, and they ensure that the distress is taken in the name of the party to whom rent is actually due. Proceeding with a distress sale when the underlying debt is disputed or unverified can expose the distraining party to liability for double the value of the property seized, along with court costs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 68 P.S. § 250.313, if your personal property was seized and sold through a distress action at a time when no rent was actually owed, Pennsylvania law provides a remedy: a trespass action against the person who carried out the distress, with potential recovery of double the value of the property taken plus costs of suit. Tenants who believe a distress was carried out improperly may consider documenting their rent payment history and consulting a tenant-rights organization or legal aid office familiar with Pennsylvania landlord-tenant law. This provision creates a private right of action, meaning the remedy is pursued through the courts rather than through a government agency.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.