PRINTER'S NO. 469
No. 426 Session of 1975
INTRODUCED BY M. E. MILLER,JR., DiCARLO AND HASKELL,
FEBRUARY 11, 1975
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE,
FEBRUARY 11, 1975
AN ACT
1 Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
2 act relating to the rights, obligations and liabilities of
3 landlord and tenant and of parties dealing with them and
4 amending, revising, changing and consolidating the law
5 relating thereto," providing for access by landlord and
6 landlord and tenant remedies for abuse of access.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of April 6, 1951 (P.L.69, No.20), known
10 as "The Landlord and Tenant Act of 1951," is amended by adding a
11 section to read:
12 Section 513. Access to Dwellings; Remedies for Abuse.--(a)
13 The tenant shall not unreasonably withhold consent from the
14 landlord to enter into the dwelling unit in order to inspect the
15 premises, make necessary or agreed repairs, decorations,
16 alterations, or improvements, supply necessary or agreed
17 services, or exhibit the dwelling unit to prospective or actual
18 purchasers, mortgagees, tenants, workmen, or contractors. Except
19 as provided in subsection (b), the landlord shall obtain the
1 consent of the tenant before entering the dwelling unit.
2 (b) The landlord may enter the dwelling unit without consent
3 of the tenant in case of emergency, when the tenant fails to
4 maintain so as materially to affect health and safety, during
5 any absence of the tenant in excess of seven days, or if the
6 tenant has abandoned or surrendered the premises.
7 (c) The landlord shall not abuse the right of access or use
8 it to harass the tenant. Except in case of emergency or if it is
9 impracticable to do so, the landlord shall give the tenant at
10 least one day's notice of his intent to enter and enter only at
11 reasonable times.
12 (d) If the tenant refuses to allow lawful access, the
13 landlord may obtain injunctive relief to compel access, or may
14 recover actual damages and reasonable attorney's fees.
15 (e) If the landlord makes an unlawful entry or a lawful
16 entry in an unreasonable manner or makes repeated demands for
17 entry otherwise lawful but which have the effect of unreasonably
18 harassing the tenant, the tenant may obtain injunctive relief to
19 prevent the recurrence of the conduct, or terminate the rental
20 agreement. In either case, the tenant may recover actual damages
21 not less than an amount equal to one month's rent and reasonable
22 attorney's fees.
23 Section 2. This act shall take effect in 60 days.
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