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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=16450
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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: January 8, 2015 12:15 PM
From: Representative Stan Saylor
To: All House members
Subject: Death of a Tenant
 
In the past two legislative sessions, the House of Representatives unanimously passed legislation (House Bill 1218) providing protections to consumers from the “death penalty” contract provision practiced by landlords. As you may be aware, many landlords include a provision in the lease requiring that in the event the tenant passes away, the estate of the tenant must pay penalties and rent ranging anywhere from one month up to a full year.

The legislation that I will be re-introducing will limit the death payment provisions placed on the estate of a deceased tenant and their family. More specifically, this proposal removes the estate of the deceased tenant from being liable for any rent that has accrued one month after the tenant’s death or upon surrender of the rental unit and removal of all personal property, whichever is the later. By placing these provisions into the law we can further protect the families of the deceased from outrageous billing practices while providing protections for landlords who are left with abandoned personal property.

While it is possible for the tenants to amend the contract and exclude the death of a tenant provisions, most landlords would not agree to that arrangement due to the financial incentive they have if they were to keep it in the contract, which is why this legislation is necessary.

I hope you will join me in introducing this piece of legislation.

Previous co-sponsors include:
AUMENT, V. BROWN, CALTAGIRONE, COHEN, D. COSTA, DAVIS, FLECK, FREEMAN, GINGRICH, C. HARRIS, HELM, HENNESSEY, JAMES, KIRKLAND, KORTZ, LONGIETTI, MARSHALL, MILLARD, R. MILLER, MUNDY, PASHINSKI, PICKETT, QUINN, ROCK, SCHLOSSBERG, SWANGER, TOOHIL, WATSON, FARRY and MURT



Introduced as HB447