Cal. Civ. Code § 250.308
Appraisement of Property Levied Upon
Operative Text
If the tenant or owner of the personal property distrained upon fails to replevy the same within said five days next after distress and notice thereof, the person distraining may, with the sheriff or his deputy or any constable or his deputy, which officer upon demand of the landlord shall aid and assist, cause the personal property so distrained to be appraised by two disinterested and competent persons appointed by said officer. The appraisers shall each take the following oath or affirmation to be administered by the assisting officer: "I .............., do solemnly swear (or affirm) that I will well and truly, according to my understanding, appraise the personal property of .............., distrained on for rent by ................." Each appraiser shall receive two dollars ($2) per diem for his services in making the appraisement, to be paid out of the proceeds of the sale.
Under 68 P.S. § 250.308, when a landlord has seized a tenant's personal property as security for unpaid rent (a process called 'distress'), the tenant has five days to reclaim that property through a legal process called replevin. If the tenant does not act within that window, the landlord may arrange for the seized property to be formally appraised. The appraisal must be conducted by two impartial, qualified individuals appointed by a sheriff, deputy, or constable, each of whom must take a sworn oath before proceeding. Each appraiser is entitled to two dollars per day for their work, paid from the eventual sale proceeds.
Plain English — not legal advice.
Property owners or managers who have levied a distress under 68 P.S. § 250.308 must wait the full five-day period before initiating an appraisal of the seized goods. A compliant operator coordinates with a sheriff, deputy sheriff, or constable to appoint two disinterested and competent appraisers, ensures those appraisers take the required oath administered by the assisting officer, and arranges for the statutory two-dollar-per-diem appraiser fee to be paid from sale proceeds rather than charged separately. Skipping or shortcutting any of these procedural steps can expose the distress action to legal challenge.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 68 P.S. § 250.308, a tenant whose personal property has been seized for unpaid rent has a five-day window to pursue replevin — a legal remedy that can allow recovery of the property before it is appraised or sold. If that deadline passes without action, the landlord may move forward with a formal appraisal process involving sworn appraisers and law-enforcement officers. Tenants who believe the distress or appraisal process was not followed correctly may wish to consult a tenant-rights organization or legal aid office to understand what options, such as raising procedural defects as a defense, may be available.
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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