Landlord's Liens

"Under 68 P.S. § 250.302:

Personal property located upon premises occupied by a tenant shall, unless exempted by article four of this act, be subject to distress for any rent reserved and due. Such distress may be made by the landlord or by his agent duly authorized thereto in writing. Such distress may be made on any day, except Sunday, between the hours of seven ante meridian and seven post meridian and not at any other time, except where the tenant through his act prevents the execution of the warrant during such hours.

Several Exemptions are laid out in 68 P.S. § 250.401 - 250.404.

With respect to a landlord's preference in proceeds following execution, 68 P.S. § 321 states:

The goods and chattels being in or upon any messuage, lands, or tenements, which are or shall be demised for life or years, or otherwise taken by virtue of an execution, and liable to the distress of the landlord, shall be liable for the payment of any sums of money due for rent at the time of taking such goods in execution: Provided, That such rent shall not exceed one year’s rent."

Generally, all goods and chattels found on the demised premises, even though they belong to a third party, are subject to distraint and have priority over previously perfected Article 9 security interests. Matter of Einhorn Bros., Inc., 272 F.2d 434 (3d Cir. 1959). See also In re Quaker City Uniform Co., 238 F.2d 155 (3d Cir. 1956), cert. denied 352 U.S. 1030 (1957).

The landlord's right to distrain, although permitted under 68 P.S. § 250.302, has been held unconstitutional. Smith v. Coyne, 722 A.2d 1022, 1025 (Pa. 1999) (citing Allegheny Clarklift v. Woodline Industries, 514 A.2d 606 (Pa.Super.1986)).