Pennsylvania Act 2004-65 — MILITARY AND VETERANS CODE (51 PA.C.S.) - EARLY TERMINATION OF HOUSING RENTAL AGREEMENT BY MILITARY PERSONNEL AND PENALTIES

Act text

MILITARY AND VETERANS CODE (51 PA.C.S.) - EARLY TERMINATION OF HOUSING
           RENTAL AGREEMENT BY MILITARY PERSONNEL AND PENALTIES
                  Act of Jul. 4, 2004, P.L. 507, No. 65               Cl. 51
                             Session of 2004
                               No. 2004-65

     HB 2081

                                  AN ACT

     Amending Title 51 (Military Affairs) of the Pennsylvania
        Consolidated Statutes, providing for early termination of
        housing rental agreement; and providing penalties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 51 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 7315.1.  Early termination of housing rental agreement by
                military personnel.
        (a)  General rule.--A member of the armed forces of the
     United States or a member of the Pennsylvania National Guard
     serving on full-time duty or as a civil service technician with
     a national guard unit may, through the procedure detailed in
     this subsection, terminate a housing rental agreement if the
     member or technician:
            (1)  has received permanent change of station orders; (2)
            has received temporary duty orders in excess
        of three months;
            (3)  is honorably discharged or released from active duty
        with the armed forces of the United States or from full-time
        duty or technician status with the Pennsylvania National
        Guard; or
            (4)  has received orders for mandatory housing assignment
        to government-supplied quarters resulting in forfeiture of
        basic allowance for housing (BAH).
        (b)  Notice of termination.--Tenants who qualify to terminate
     a housing rental agreement under this section shall do so by
     serving on the landlord a written notice of termination
     effective not less than 30 days after receipt of the notice.
     Prior to the termination date, the tenant shall furnish the
     landlord with a copy of the official notification of the orders
     or a signed letter confirming the orders from the tenant's
     commanding officer.
        (c)  Final rent.--The final rent shall be prorated to the
     date of termination and shall be payable at such time as would
     have otherwise been required by the terms of the housing rental
     agreement.
        (d)  Arrearages and other obligations and liabilities.--Rents
     or lease amounts unpaid for the period preceding the effective
     date of the lease termination shall be paid on a prorated basis.
        (e)  Rent paid in advance.--Rents or lease amounts paid in
     advance for a period after the effective date of the termination
     of the lease shall be refunded to the lessee by the lessor, or
     the lessor's assignee or the assignee's agent, within 30 days of
     the effective date of the termination of the lease.
        (f)  Relief to lessor.--Upon application by the lessor to a
     court before the termination date provided in the written
     notice, relief granted by this section to a servicemember may be
     modified as justice and equity require.
        (g)  Tenant's obligations.--Nothing in this section shall
     affect the tenant's obligations under section 503-A of the act
     of April 6, 1951 (P.L.69, No.20), known as The Landlord and
     Tenant Act of 1951.
        (h)  Penalties.--
            (1)  Any person who knowingly seizes, holds or detains
        the personal effects, security deposit or other property of a
        servicemember or a servicemember's dependent who lawfully
        terminates a lease covered by this section, or who knowingly
        interferes with the removal of such property from premises
        covered by such lease, for the purpose of subjecting or
        attempting to subject any of such property to a claim for
        rent accruing subsequent to the date of termination of such
        lease, or attempts to do so, commits a summary offense.
            (2)  The remedy and rights provided under this section
        are in addition to and do not preclude any remedy for
        wrongful conversion otherwise available under law to the
        person claiming relief under this section, including any
        award for consequential or punitive damages.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 4th day of July, A. D. 2004.

     EDWARD G. RENDELL