Cal. Civ. Code § 250.309
Sale and Notice Thereof; Distribution of Proceeds
Operative Text
After the appraisement has been completed, the sheriff, deputy sheriff, constable or deputy constable shall fix a day, time and place of sale, of which at least six days public notice in writing shall be given by handbills. The notice of sale shall specify the personal property to be sold sufficiently to inform the tenant or owner and to induce bidders to attend the sale. On the day and at the time fixed for the sale or on any day and time to which said sale may be adjourned, the sheriff, deputy sheriff, constable or deputy constable shall publicly sell the personal property so distrained for the best price that can be obtained for the same. The proceeds of the sale shall be paid out in the following order: First, for the payment of any wages due by the tenant which by law are given preference and to the same extent and upon the same conditions of notice being given as required by the wage preference law and notice of the claim to the officer executing the landlord's warrant; second, for the payment of the charges and costs for making the distress, appraisement and sale; third, for the satisfaction of the rent for which the personal property was distrained; fourth, any overplus for the use of the owner.
Under 68 P.S. § 250.309, once a tenant's personal property has been appraised as part of a landlord's distress proceeding, a sheriff or constable must publicly announce the sale at least six days in advance using written handbills that describe the property clearly enough to notify the tenant or owner and attract bidders. The sale must be conducted publicly, with the officer seeking the best available price. After the sale, the proceeds are distributed in a specific legal order: first to any legally preferred employee wages, then to the costs of the distress process itself, then to satisfy the unpaid rent, and finally any remaining surplus goes back to the property owner.
Plain English — not legal advice.
Landlords pursuing a distress action under 68 P.S. § 250.309 should understand that once the appraisement phase is complete, the process moves into the hands of the executing officer — a sheriff or constable — who controls the scheduling, public notice, and conduct of the sale. Compliant operators in these proceedings typically ensure that the officer executing the landlord's warrant receives timely notice of any wage preference claims, as required by the wage preference law, since those claims are paid out before rent proceeds. Landlords should also be aware that their recovery of unpaid rent ranks third in the statutory distribution order, meaning costs and preferred wages are satisfied first.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 68 P.S. § 250.309, a tenant whose personal property is subject to a distress sale has the right to at least six days' advance written notice of the sale, and the notice must describe the property with enough specificity to inform the tenant. Importantly, any wages owed to the tenant that carry a legal preference must be paid from the sale proceeds before the landlord receives anything toward unpaid rent, and any surplus after all claims are satisfied belongs to the property owner. Tenants who believe the notice, appraisement, or sale process was not followed correctly may wish to consult a tenant-rights organization or legal aid provider familiar with Pennsylvania landlord-tenant law to understand available 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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