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Pennsylvania Statutes Title 68 P.S. Real and Personal Property § 398.10.1 § 398.10.1. Determination of abandonment

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 68 P.S. Real and Personal Property § 398.10.1 § 398.10.1. Determination of abandonment - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-68-ps-real-and-personal-property/pa-st-sect-68-398-10-1/

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