Cal. Civ. Code § 250.403
Exemption of Property on Premises Under Lease or Sale Contract Subject to a Security Interest
Operative Text
The following personal property loaned to or leased or hired by any person, or sold in any transaction in which a purchase money security interest is taken or retained shall be exempt from levy and sale on distress for rent so long as the security interest or title thereto remains in the secured party, owner, lender, or lessor if written notice, specifically describing the personal property loaned, leased, hired, or made subject to a security interest, shall be given to the landlord or his agent at the time the said personal property is placed upon the demised premises or within ten days thereafter, which notice shall contain a statement of the respective amounts due on each article named in the notice, and when so given, shall be effective as to such landlord and any future owner or owners of said premises, that is to say-- (1) All pianos, melodeons and organs; (2) All soda water apparatus and the appurtenances thereto; (3) All sewing machines and typewriting machines; and all accounting, tabulating, computing, bookkeeping, photocopying and other office equipment and machinery; (4) All electric motors, electric fans, electric air conditioners and dynamos; (5) All ice cream cabinets and ice cream containers and the appurtenances thereto; (6) All household furniture and household goods; (7) All patented shoe repairing machinery and tools; (8) All beauty and barber shop furniture and equipment; (9) All cigarette, candy, chewing gum, soft drink, milk, food and all other types of automatic merchandising, service or amusement vending machines; (10) All restaurant and bar furniture and equipment; (11) All meat market and grocery store equipment; (12) All industrial, mining and construction machinery and equipment not attached to the realty. In the case of personal property enumerated in clauses (2), (3), (5), (7), (8), (9), (10), (11) and (12) of this section, notice may be given in the manner above provided or, in lieu thereof, the name and address of the owner, lender, lessor or conditional vendor may be marked on or attached to said property on a visible part thereof. (Par. amended Nov. 5, 1971, P.L.507, No.118) Upon request at any reasonable time the owner, lender, lessor or conditional vendor of any personal property enumerated in this section shall advise the landlord or his agent as to the status of his account with the tenant. In default of such advice, it shall be conclusively presumed no balance is due on said account. Any landlord may levy upon and sell on distress for rent any right or interest of the tenant in any personal property mentioned in this section, subject to the rights therein of the owner, lender, lessor or conditional vendor.
Under 68 P.S. § 250.403, certain categories of personal property that are loaned, leased, or sold under a purchase-money security interest are shielded from a landlord's distress-for-rent levy, as long as the secured party, owner, lender, or lessor retains a security interest or title in the property. This protection is conditioned on written notice being delivered to the landlord—describing the property and the amounts owed on each item—either at the time the property is placed on the rented premises or within ten days afterward. For some categories of commercial and industrial equipment, an alternative to written notice is permitted: the owner's or lessor's name and address may instead be visibly marked on the property itself. A landlord may still levy on the tenant's own interest in such property, but only subject to the superior rights of the secured party or lessor.
Plain English — not legal advice.
Under 68 P.S. § 250.403, a landlord who receives timely written notice—or sees a visible ownership marking on qualifying property—must recognize that the described items are not freely available for distress-for-rent proceedings. Compliant operators keep records of any such notices received, noting the property described and the amounts stated, since the notice binds not only the current landlord but also any future owner of the premises. Landlords are also entitled to request an account-status update from the owner, lender, or lessor at any reasonable time; if that party fails to respond, the statute treats the outstanding balance as zero, which can affect how a landlord evaluates the tenant's equity interest available for levy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants whose leased, loaned, or financed personal property falls within the categories listed in 68 P.S. § 250.403 may find that property protected from a landlord's distress-for-rent action, provided the required notice was properly and timely delivered to the landlord. If a landlord attempts to levy on property that a third-party owner or secured creditor has properly noticed under this section, that third party's superior rights generally limit what the landlord can reach. Tenants who believe property is being improperly seized may wish to consult a tenant-rights organization or legal aid office familiar with Pennsylvania landlord-tenant law to understand what options exist under § 250.403.
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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