Cal. Civ. Code § 398.10a
Determination of Abandonment
Operative Text
(a) A lessee or resident shall be deemed to have abandoned a home and all personal property in it only after either: (1) Judicial process, which shall include all of the following: (i) the entry of a judgment for possession in favor of the community owner or operator pursuant to applicable law; (ii) the execution of an order for possession, or equivalent process, on said judgment; and (iii) a determination by a magisterial district court or other court of competent jurisdiction that the home and property have been abandoned. (2) Voluntary abandonment, as evidenced by a written statement from the lessee or resident stating that the lessee or resident has physically or permanently vacated the home, does not intend to return to it and has given up all further rights or ownership interest. (b) The determination of abandonment shall be based on a preponderance of the evidence of the lessee's absence from the home for at least 30 days and nonpayment of rent for at least 30 days from the date it is due, together with one or more of the following: (1) Termination of electric or water service to the home and other utility or payment of services to the community owner. (2) Cancellation of insurance for the home. (3) Removal of most or all personal property from the home. (4) Any other indicia of abandonment. (c) Pursuant to 42 Pa.C.S. § 1515(a)(7) (relating to jurisdiction and venue), a magisterial district court shall have jurisdiction to determine if a manufactured home has been abandoned and shall make a determination as to whether a manufactured home has been abandoned if the issue is presented. (d) A determination by the court that a manufactured home has been abandoned shall give the community owner the same rights as an entity which has been granted a judgment for possession.
Under 68 P.S. § 398.10a, a manufactured home and its contents can only be legally considered abandoned under two circumstances: either through a formal court process that results in a judgment for possession, an executed order, and a judicial finding of abandonment, or through the resident's own written statement confirming they have permanently left and surrendered all rights. When abandonment is disputed and must be proven, the law requires evidence that the resident has been absent and has not paid rent for at least 30 days, combined with at least one additional indicator such as utility shutoffs, canceled insurance, or removal of belongings. A magisterial district court holds jurisdiction to make this determination, and a finding of abandonment grants the community owner the same legal standing as if they had obtained a judgment for possession.
Plain English — not legal advice.
Under 68 P.S. § 398.10a, compliant community owners and operators do not treat a home as abandoned based solely on a resident's absence or missed rent payments — they pursue either a formal judicial process or obtain a written voluntary-abandonment statement from the resident before acting. Operators who go the judicial route document evidence of absence and nonpayment for at least 30 days alongside corroborating factors such as utility terminations, insurance cancellations, or removal of personal property, and they present that evidence to a magisterial district court. Retaining thorough records of rent ledgers, utility account statuses, and any written communications from the resident supports a well-documented abandonment proceeding under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 68 P.S. § 398.10a establishes that a manufactured-home resident cannot be deemed to have abandoned their home without either a court judgment supported by specific judicial findings or the resident's own signed written statement relinquishing all rights — a community owner cannot unilaterally declare abandonment. Residents should be aware that any written statement they sign regarding vacating the home may be used as evidence of voluntary abandonment under this provision, so understanding what such a document means before signing is important. Tenants who believe an abandonment determination has been made improperly may consider raising this provision as a defense in court proceedings, contacting a local tenant-rights organization, or reaching out to Pennsylvania legal aid services for general information about their options.
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.
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