Regular Session 2017-2018 House Bill 2685 P.N. 4213

PRINTER'S NO. 4213

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2685

Session of

2018

INTRODUCED BY SOLOMON, SANTORA, DALEY, YOUNGBLOOD, HARKINS,

HILL-EVANS, DONATUCCI, NEILSON, KINSEY AND DEAN,

OCTOBER 11, 2018

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, OCTOBER 11, 2018

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure), 51

(Military Affairs) and 68 (Real and Personal Property) of the

Pennsylvania Consolidated Statutes, adopting the Uniform

Residential Landlord and Tenant Act and extensively revising

the law on residential landlords and tenants, in the areas of

lease provisions, landlord duties, tenant remedies, tenant

duties, landlord remedies, access to dwelling units, tenant

deaths in periodic and holdover tenancies, retaliation,

disposition of tenant's personal property, effect of domestic

violence and stalking and return of security deposit and

unearned rent; making a related repeal; and making editorial

changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 917(d)(4), 1123(a)(3), 1515(a)(2) and

8127(a)(3.1) of Title 42 of the Pennsylvania Consolidated

Statutes are amended to read:

§ 917. Housing courts.

* * *

(d) Jurisdiction of housing court.--In a court of common

pleas which has established a housing court pursuant to this

section, the exclusive jurisdiction of the following matters may

be vested in the housing court:

* * *

(4) Matters arising under [the act of April 6, 1951

(P.L.69, No.20), known as The Landlord and Tenant Act of

1951,] 68 Pa.C.S. Pt. II Subpt. A (relating to residential

landlord and tenant) which involve a place used or intended

for use as a place of human habitation.

* * *

§ 1123. Jurisdiction and venue.

(a) General rule.--Except as otherwise prescribed by any

general rule adopted pursuant to section 503 (relating to

reassignment of matters), the Philadelphia Municipal Court shall

have jurisdiction of the following matters:

* * *

(3) Matters arising under [the act of April 6, 1951

(P.L.69, No.20), known as The Landlord and Tenant Act of

1951] 68 Pa.C.S. Pt. II Subpt. A (relating to residential

landlord and tenant). The judges of the Philadelphia

Municipal Court shall have the power to enter judgments

exceeding $5,000 in matters arising under this subsection.

Appeals from a judgment of the municipal court under this

subsection shall be to the court of common pleas in

accordance with local rules of court established by the

administrative judge of the trial division. Those rules shall

not be inconsistent with Statewide rules of procedure as

established by the Supreme Court.

* * *

§ 1515. Jurisdiction and venue.

(a) Jurisdiction.--Except as otherwise prescribed by general

rule adopted pursuant to section 503 (relating to reassignment

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of matters), magisterial district judges shall, under procedures

prescribed by general rule, have jurisdiction of all of the

following matters:

* * *

(2) Matters arising under [the act of April 6, 1951

(P.L.69, No.20), known as The Landlord and Tenant Act of

1951,] 68 Pa.C.S. Pt. II Subpt. A (relating to residential

landlord and tenant) which are stated therein to be within

the jurisdiction of a magisterial district judge.

* * *

§ 8127. Personal earnings exempt from process.

(a) General rule and exceptions.--The wages, salaries and

commissions of individuals shall while in the hands of the

employer be exempt from any attachment, execution or other

process except upon an action or proceeding:

* * *

(3.1) For amounts awarded to a judgment creditor-

landlord arising out of a residential lease upon which the

court has rendered judgment which is final. However, the

amount subject to attachment shall have deducted from it any

security deposit held by the judgment creditor-landlord and

forfeited by the judgment debtor-tenant under [section 511.1

of the act of April 6, 1951 (P.L.69, No.20), known as The

Landlord and Tenant Act of 1951,] 68 Pa.C.S. § 1408 (relating

to landlord noncompliance as defense to action for possession

or nonpayment of rent; escrow account) unless the security

deposit has been applied to payment of rent due on the same

premises for which the judgment for attachment has been

entered. The judgment creditor-landlord shall have the burden

of proving that such security deposit has been applied to

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payment of rent due on the premises herein described. The sum

attached shall be no more than 10% of the net wages per pay

period of the judgment debtor-tenant or a sum not to place

the debtor's net income below the poverty income guidelines

as provided annually by the Federal Office of Management and

Budget, whichever is less. For the purposes of this

paragraph, "net wages" shall mean all wages paid less only

the following items:

(i) Federal, State and local income taxes.

(ii) F.I.C.A. payments and nonvoluntary retirement

payments.

(iii) Union dues.

(iv) Health insurance premiums.

* * *

Section 2. Section 7315.1(g) of Title 51 is amended to read:

§ 7315.1. Early termination of housing rental agreement by

military personnel.

* * *

(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] 68 Pa.C.S. Ch. 15 (relating to tenant

duties).

* * *

Section 3. The heading of Subpart A of Part II of Title 68

is amended to read:

SUBPART A

[PRELIMINARY PROVISIONS] RESIDENTIAL LANDLORD AND TENANT

Section 4. Title 68 is amended by adding chapters to read:

CHAPTER 11

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GENERAL PROVISIONS

Sec.

1101. Short title of subpart.

1102. Definitions.

1103. Scope of subpart.

1104. Enforcement; duty to mitigate.

1105. Obligation of good faith.

1106. Unconscionability.

1107. Knowledge and notice; notice in a record.

1108. Required disclosures by landlord.

1109. Required disclosures by tenant.

1110. Principles of law and equity.

§ 1101. Short title of subpart.

This subpart shall be known and may be cited as the Uniform

Residential Landlord and Tenant Act.

§ 1102. Definitions.

The following words and phrases when used in this subpart

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Action." An action for damages, possession, ejectment,

quiet title, specific performance or other judicial proceeding

in which rights under a lease or this subpart are determined.

"Actual damages." Compensation for direct, consequential or

incidental injuries or losses. The term includes:

(1) amounts payable to a landlord or tenant under a

lease for a violation of the lease; and

(2) diminution in the value of a dwelling unit.

"Bank." An organization that engages in the business of

banking and is federally insured. The term includes a savings

bank, savings and loan association, credit union and trust

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company.

"Bank account." A checking, demand, time, savings, passbook

or similar account maintained at a bank.

"Building, housing, fire or health code." The term includes

any law concerning fitness for habitation or the construction,

maintenance, operation, occupancy, use or appearance of the

premises.

"Contact person." A person designated by a tenant under

section 1109(b) (relating to required disclosures by tenant).

"Criminal act." Any of the following:

(1) The manufacture, sale, distribution, use or

possession of a controlled substance on or in the vicinity of

the premises which is criminal under law other than this

subpart.

(2) Activity which:

(i) is criminal under law other than this subpart;

and

(ii) threatens the health or safety of an individual

on the premises or the landlord or landlord's agent on or

off the premises.

"Criminal activity." A criminal act.

"Diminution in the value of a dwelling unit." A reduction

from rent which reflects the extent to which a noncompliant

condition of the premises impairs a tenant's use and enjoyment

of a dwelling unit, as determined by a court based on evidence,

which need not include expert testimony.

"Dwelling unit." Property leased to a tenant for use as a

home, residence or sleeping place by an individual or by two or

more individuals who maintain a common household, regardless of

their relationship to each other. The term includes:

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(1) A single-family residence, together with:

(i) fixtures and appurtenances;

(ii) the land on which the residence is located; and

(iii) structures on the land under subparagraph

(ii).

(2) A structure or part of a structure in which the

tenant resides, together with:

(i) fixtures and appurtenances; and

(ii) an area of the land where the structure is

located to which the tenant is given an exclusive right

of possession during the term of the lease, including a

designated parking space or storage area.

"Electronic." Relating to technology having electrical,

digital, magnetic, wireless, optical, electromagnetic or similar

capability.

"Essential service." Heat, hot and cold running water,

sewage or septic disposal and electricity. The term includes gas

or air conditioning if required to be supplied to a tenant by

the lease or law other than this subpart which, if not supplied

to the tenant, would create a serious threat to the health,

safety or property of the tenant or an immediate family member.

"Fees." Amounts payable by a tenant to a landlord which the

landlord has no obligation to account for or return to the

tenant except as otherwise provided in section 1405(b) (relating

to landlord failure to deliver possession to tenant). The term

does not include rent or a security deposit.

"Good faith." Honesty in fact and the observance of

reasonable commercial standards of fair dealing.

"Guest." An individual, other than the landlord or

landlord's agent, invited on the premises by a tenant or an

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immediate family member.

"Immediate family member." Any of the following who

habitually resides in a dwelling unit with a tenant:

(1) An individual related to the tenant by blood,

adoption or marriage.

(2) An individual who has an intimate relationship with

the tenant.

(3) A foster child, stepchild or ward of the tenant or

of an individual referred to in paragraph (1) or (2).

"Landlord." Any of the following:

(1) The owner of a dwelling unit.

(2) A successor in interest to the landlord.

(3) A sublessor, only if the landlord did not consent to

the sublease.

(4) A person that manages a dwelling unit or enters a

lease on behalf of the owner of the unit and that fails to

comply with section 1108(c) and (d) (relating to required

disclosures by landlord), except with respect to events

occurring after:

(i) the tenant is given notice in a record which

complies with section 1108(c) and (d); or

(ii) the date of termination of the person's

authority to act on behalf of the owner if that authority

is terminated.

"Law." The term includes statutory law, ordinances, case

law, regulations and administrative adjudications.

"Lease." A contract, oral or in a record, between a landlord

and tenant in which the landlord rents a dwelling unit to the

tenant for a tenancy for a fixed term or a periodic tenancy. The

term includes:

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(1) an amendment to the lease;

(2) rules adopted by the landlord which were disclosed

to the tenant under section 1108(b)(4); and

(3) subject to section 1304 (relating to rules of

landlord governing use and enjoyment of premises), rules

adopted by the landlord after commencement of the term of the

lease.

"Normal wear and tear." Deterioration which results from the

intended use of a dwelling unit. The term includes breakage or

malfunction due to age or deteriorated condition. The term does

not include deterioration which results from negligence,

carelessness, accident or abuse of the unit, fixtures, equipment

or other tangible personal property by the tenant, an immediate

family member or a guest.

"Notice in a record." Notice which complies with section

1107(b) (relating to knowledge and notice; notice in a record).

"Occupancy as a vacation rental." Occupancy of a dwelling

unit which has the following characteristics:

(1) The tenant rents the unit for vacation purposes only

and has a principal residence other than the unit.

(2) The unit is furnished with personal property

necessary to make the unit ready for immediate occupancy by

the tenant.

(3) The occupancy does not exceed 30 consecutive days.

"Owner." A person vested with all or part of:

(1) legal title to the premises; or

(2) beneficial ownership and a right to present use and

enjoyment of the premises.

"Periodic rent." As follows:

(1) Under a tenancy for a fixed term, the amount payable

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each month.

(2) Under a periodic tenancy for month-to-month, the

amount payable each month.

(3) Under a periodic tenancy from week-to-week, the

amount payable each week.

(4) If rent is payable annually, the amount of the

annual rent divided by 12.

"Periodic tenancy." A tenancy created under a lease or

arising by operation of law for either month-to-month or week-

to-week.

"Person." An individual, estate, trust, business or

nonprofit entity, public corporation, government or governmental

subdivision, agency or instrumentality or other legal entity.

"Premises." A dwelling unit and, to the extent owned by the

landlord, a structure of which the unit is a part. The term

includes any area and structure owned by the landlord which are:

(1) associated with the structure where the dwelling

unit is located; and

(2) held out by the landlord for the use of tenants

generally.

"Prepaid rent." Rent paid to a landlord before the first day

of the rental period to which it is to be applied.

"Prevailing party." A party that:

(1) initiated the enforcement of a right or remedy under

a lease or this subpart and substantially prevailed on the

right or remedy asserted; or

(2) substantially prevailed in defending against a right

or remedy asserted by another party.

"Reasonable effort." Action taken by a landlord to rent a

dwelling unit if the unit is vacated at the end of a term,

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including showing the unit to a prospective tenant or

advertising the availability of the unit.

"Record." Information that is inscribed on a tangible medium

or that is stored in an electronic or other medium and is

retrievable in perceivable form.

"Rent." A payment for the right to possession of a dwelling

unit. The term does not include a security deposit or fees.

"Repairs." The term includes remediations.

"Security deposit." Money provided to a landlord to secure

payment or performance of a tenant's obligations under a lease

or this subpart and the identifiable proceeds of the money,

however denominated. The term does not include rent or fees.

"Security interest." An interest in personal property which

secures payment or performance of a tenant's obligations under a

lease or this subpart.

"Sign." With present intent to authenticate or adopt a

record:

(1) to execute or adopt a tangible symbol; or

(2) to attach to or logically associate with the record

an electronic symbol, sound or process.

"State." A state of the United States, the District of

Columbia, Puerto Rico, the Virgin Islands or any territory or

insular possession subject to the jurisdiction of the United

States.

"Symbol." The term includes an electronic-mail address or

other identifying header.

"Tenancy for a fixed term." A tenancy under a lease for a

fixed or computable period, regardless of the length of the

period.

"Tenant." Any of the following:

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(1) A person that is a party to a lease of a dwelling

unit and is entitled to possession of the unit.

(2) An assignee or sublessee of a person described in

paragraph (1) that has possession of the unit with the

landlord's consent.

(3) An individual authorized to occupy the unit by a

person described in paragraph (1) or (2) that is not an

individual.

"Tenant representative." Any of the following:

(1) A personal representative of a deceased tenant's

estate.

(2) Before the appointment of a personal representative:

(i) a contact person; or

(ii) in the absence of a contact person, an

individual the landlord reasonably believes to be an heir

of the tenant under the applicable intestate succession

law.

"Transient occupancy." Occupancy in a room or suite of rooms

which has the following characteristics:

(1) The cost of occupancy is charged on a daily basis.

(2) The operator of the room or suite provides

housekeeping and linen service as part of the regularly

charged cost of occupancy.

(3) The occupancy does not exceed 30 consecutive days.

"Unearned rent." Rent, including prepaid rent, which a

tenant paid to a landlord for the right to possession of a

dwelling unit for any period after the date the lease for the

unit terminates in accordance with its terms or this subpart.

The term does not include an amount, including rent, owed to the

landlord for a period, before or after the date the lease

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terminates, during which the tenant is in physical possession of

the premises.

"Willful." Any of the following:

(1) Deliberate, with awareness of material

circumstances.

(2) Deliberately indifferent to material circumstances.

"Willfully." In a willful manner.

§ 1103. Scope of subpart.

(a) General.--Except as set forth in subsection (b), this

subpart applies to a lease of a dwelling unit in this

Commonwealth.

(b) Exception.--The following arrangements are not governed

by this subpart:

(1) Residence at a public or private facility, if

incidental to detention or the provision of medical, mental

health, geriatric, counseling, educational, religious,

disability, personal safety or similar service.

(2) Occupancy under a contract of sale of, or an option

to purchase, a dwelling unit or the building of which it is a

part, if the occupant is the purchaser or optionee or an

individual who has succeeded to the interest of the purchaser

or optionee.

(3) Occupancy by a member of a fraternal or social

organization in a part of a structure operated for the

benefit of the organization.

(4) Transient occupancy.

(5) Occupancy by an employee of a landlord when the

employee's right to occupancy is conditioned on employment in

or about the premises.

(6) Occupancy by a holder of a proprietary lease in a

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cooperative.

(7) Occupancy under a lease covering premises used by

the occupant for agricultural purposes.

(8) Occupancy as a vacation rental.

(9) A ground lease of real property which lease does not

include a dwelling unit.

§ 1104. Enforcement; duty to mitigate.

(a) Enforcement.--Any right or obligation under this subpart

is enforceable by an action unless the provision creating the

right or obligation provides otherwise.

(b) Mitigation.--A party seeking relief under this subpart

has a duty to mitigate damages.

§ 1105. Obligation of good faith.

A lease or duty under this subpart imposes an obligation of

good faith in its performance and enforcement.

§ 1106. Unconscionability.

(a) Leases.--If a court, as a matter of law, finds a lease

or any provision of the lease was unconscionable at the time it

was made, the court may:

(1) refuse to enforce the lease;

(2) enforce the remainder of the lease without the

unconscionable provision; or

(3) limit application of the unconscionable provision to

avoid an unconscionable result.

(b) Settlement agreement.--If a court, as a matter of law,

finds a settlement agreement in which a party waived or agreed

to forego a claim or right under a lease or this subpart was

unconscionable at the time it was made, the court may:

(1) refuse to enforce the agreement;

(2) enforce the remainder of the agreement without the

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unconscionable provision; or

(3) limit application of the unconscionable provision to

avoid an unconscionable result.

unconscionability in issue under subsection (a) or (b), the

court shall allow the parties to present evidence of the

setting, purpose and effect of the lease or settlement agreement

to aid the court in making the determination of

unconscionability.

§ 1107. Knowledge and notice; notice in a record.

(a) Having notice.--Under this subpart, a person has notice

of a fact if the person:

(1) has actual knowledge of the fact;

(2) receives notice of the fact under subsection (d); or

(3) has reason to know the fact exists from all facts

known to the person at the time in question.

(b) Procedure.--Except as set forth in section 2001(c)

(relating to disposition of tenant personal property on

termination or abandonment), if this subpart requires notice in

a record, the notice must be signed by the person giving the

notice and be:

(1) delivered personally to the recipient;

(2) deposited in the mail with proper postage and

properly addressed to:

(i) if sent to the landlord, the mailing address

specified under section 1108(c)(2) (relating to required

disclosures by landlord);

(ii) if sent to the tenant, the mailing address

specified under section 1109 (relating to required

disclosures by tenant); or

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(iii) if sent to a person other than a landlord or

tenant or if there is no address specified for the

landlord or tenant, an address reasonable under the

circumstances; or

(3) unless the landlord notifies the tenant or the

tenant notifies the landlord that notice may be given only by

personal delivery or by mail under paragraph (2), delivered

by another means of communication with cost of transmission

provided for and properly addressed to:

(i) if sent to the landlord, the mailing address

specified under section 1108(c)(2);

(ii) if sent to the tenant, an address specified

under section 1109; or

(iii) if there is no address specified for the

recipient, an address reasonable under the circumstances.

person gives notice of a fact to another person by taking steps

reasonably calculated to inform the other person, regardless of

whether the other person learns of the fact.

(d) Receiving notice.--Under this subpart, a person receives

notice of a fact when:

(1) the fact comes to the person's attention; or

(2) if notice in a record is required, the notice is:

(i) personally delivered under subsection (b)(1);

(ii) sent under subsection (b)(2); or

(iii) delivered under subsection (b)(3).

§ 1108. Required disclosures by landlord.

(a) Application period.--Before accepting an application

fee, the prospective landlord shall disclose to the prospective

tenant in a record the criteria the landlord uses to determine

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the landlord's willingness to enter into a lease with a tenant.

(b) Contracting period.--Before accepting funds to be

applied to a security deposit, prepaid rent, or fees other than

an application fee, and before entering into a lease, a

prospective landlord shall disclose to the prospective tenant in

a record all of the following:

(1) Any condition of the premises which the landlord

knows or on a reasonable inspection of the premises should

have known would constitute noncompliance under section 1302

(relating to tenant may make repairs to remedy noncompliance

at landlord's expense) and would materially interfere with:

(i) the health or safety of the tenant or an

immediate family member; or

(ii) the use and enjoyment of the premises by the

tenant or an immediate family member.

(2) Whether, to the knowledge of the landlord, a

foreclosure action has been commenced against the premises.

(3) If rent is prepaid, the month or other period of the

lease to which the rent is to be applied.

(4) Rules affecting the tenant's use and enjoyment of

the premises, whether adopted by the landlord or another

person.

term of a lease, the landlord shall give the tenant notice in a

record specifying all of the following:

(1) Name of:

(i) the landlord;

(ii) any person authorized to manage the premises;

(iii) the owner of the premises;

(iv) any person authorized to act for the owner for

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service of process; and

(v) any person authorized to receive a notice or

demand for the owner.

(2) Mailing address or electronic-mail address of the

landlord and of any person designated by the landlord that

has a right to be sent notice or a demand.

(3) Address where or the method by which the tenant is

required to deliver rent.

(d) Updating.--A landlord shall keep current the information

required by subsection (c).

(e) Damages.--If a foreclosure action was commenced against

the premises before a landlord and tenant entered into a lease

and if the disclosure required by subsection (b)(2) was not

made, the tenant may recover actual damages resulting from the

foreclosure.

§ 1109. Required disclosures by tenant.

(a) Commencement of lease.--At or before commencement of the

term of a lease, the tenant shall give the landlord notice in a

record specifying the tenant's mailing address and electronic-

mail address.

(b) Contact person.--Upon request of the landlord, the

tenant shall designate a contact person to act for the tenant on

the tenant's death. Absent a request by the landlord, the tenant

may designate a contact person to act for the tenant on the

tenant's death. The tenant shall make the designation by giving

the landlord a record specifying the name and, if known, the

mailing address, electronic-mail address and the telephone

number of the contact person.

required under subsections (a) and (b). On termination of the

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lease, the tenant shall provide the landlord a forwarding

address where the landlord can send the tenant's security

deposit and unearned rent and other communications.

§ 1110. Principles of law and equity.

Unless displaced by the particular provisions of this

subpart, the principles of law and equity supplement this

subpart.

CHAPTER 12

GENERAL PROVISIONS APPLICABLE TO LEASE

Sec.

1201. Terms and conditions of lease; delivery of lease to

tenant.

1202. Effect of unsigned lease; implied lease.

1203. Prohibited provisions in lease.

1204. Separation of rent from landlord duties prohibited.

1205. Attorney fees and costs.

§ 1201. Terms and conditions of lease; delivery of lease to

tenant.

(a) Permissible terms and conditions.--The following apply:

(1) A lease may include terms and conditions not

prohibited by this subpart or law other than this subpart.

(2) A lease in a record shall comply with the act of

June 23, 1993 (P.L.128, No.29), known as the Plain Language

Consumer Contract Act.

(b) Rent.--Unless a lease or law other than this subpart

otherwise provides, all of the following apply:

(1) The tenant shall pay rent for the dwelling unit for

the term of the lease in an amount comparable to the rent

paid for other dwelling units of similar size and condition

in the same or a comparable location, determined at the

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commencement of the term.

(2) Rent is:

(i) payable without demand or notice:

(A) at:

(I) the address or place the landlord

designates under section 1108(c)(3) (relating to

required disclosures by landlord); or

(II) if no designation is made, at the

landlord's place of business at the time the

lease was made; and

(B) on the first day of each month or at the

beginning of the term if the term is less than one

month; and

(ii) uniformly apportioned from day to day.

(3) The rental period:

(i) for a tenancy for a fixed term of more than one

month or a periodic tenancy of month-to-month, is on a

monthly basis beginning with the first day of the month;

and

(ii) for all other tenancies, begins on the first

day rent is paid.

effect of unsigned lease; implied lease), unless the lease

creates a tenancy for a fixed term, the term of the lease is as

follows:

(1) Except as set forth in paragraph (2), the tenancy is

a periodic tenancy for month-to-month.

(2) If the tenant pays rent weekly, the tenancy is a

periodic tenancy for week-to-week.

(d) Copy of lease.--A landlord shall provide the tenant a

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copy of the lease which is signed by:

(1) both of them; or

(2) if the lease is enforceable under section 1202,

either of them.

(e) Damages.--If a landlord willfully fails to comply with

subsection (d), the tenant may recover the greater of:

(1) actual damages; or

(2) one month's periodic rent.

§ 1202. Effect of unsigned lease; implied lease.

(a) Implication by partial signing, delivery and

performance.--Subject to subsection (b), all of the following

apply:

(1) If a lease signed by the tenant is delivered to the

landlord and if the landlord fails to sign the lease and

return it to the tenant, acceptance of rent by the landlord

without a reservation of rights gives the lease the same

effect as if the lease had been signed by the landlord and

returned to the tenant.

(2) If a lease signed by the landlord is delivered to

the tenant and if the tenant fails to sign the lease and

return it to the landlord, acceptance of possession and

payment of rent without a reservation of rights gives the

lease the same effect as if the lease had been signed by the

tenant and returned to the landlord.

(b) Term for implication by partial signing, delivery and

performance.--If a lease given effect under subsection (a)

provides for a tenancy for a fixed term longer than one year,

the lease is effective for one year.

and delivered under subsection (a), if the tenant accepts

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possession and pays rent to the landlord without a reservation

of rights and if the landlord accepts rent from the tenant

without a reservation of rights, the term of the lease is as

follows:

(1) Except as set forth in paragraph (2), the tenancy is

a periodic tenancy for month-to-month.

(2) If the tenant pays rent weekly, the tenancy is a

periodic tenancy for week-to-week.

§ 1203. Prohibited provisions in lease.

(a) Prohibition.--A lease may not require the tenant to:

(1) unless permitted by this subpart, waive or forego a

right or remedy under this subpart;

(2) authorize a person to confess judgment on a claim

arising out of the lease or this subpart;

(3) perform a duty imposed on the landlord by section

1302 (relating to tenant may make repairs to remedy

noncompliance at landlord's expense);

(4) agree to pay attorney fees and costs of the landlord

other than those provided by this subpart or law other than

this subpart; or

(5) agree to:

(i) exculpate or limit a liability of the landlord

arising under this subpart or law other than this

subpart; or

(ii) indemnify the landlord for the liability and

the costs connected with the liability.

(b) Effect.--A provision in a lease prohibited under

subsection (a) or law other than this subpart is unenforceable.

If the landlord seeks to enforce the provision or accepts the

tenant's voluntary compliance with the provision, the court may

20180HB2685PN4213 - 22 -

award the tenant an amount not to exceed three times the

periodic rent.

§ 1204. Separation of rent from landlord duties prohibited.

A lease, assignment, sublease, conveyance, trust deed or

security instrument may not authorize a person to receive rent

without assuming the duties imposed on the landlord by the lease

and section 1302 (relating to tenant may make repairs to remedy

noncompliance at landlord's expense).

§ 1205. Attorney fees and costs.

(a) Authorization.--Except as set forth in subsection (b),

in an action to enforce a right or remedy arising under a lease

or this subpart, the court shall award the prevailing party

costs. The court may award the prevailing party reasonable

attorney fees if the court determines that the other party:

(1) did not act in good faith;

(2) willfully performed an act prohibited by the lease

or this subpart; or

(3) willfully refrained from performing an act required

by the lease or this subpart.

(b) Exception.--Notwithstanding subsection (a), a court may

not award a landlord attorney fees or costs in an uncontested

action to recover possession of a dwelling unit.

CHAPTER 13

LANDLORD DUTIES

Sec.

1301. Delivery of possession of dwelling unit to tenant.

1302. Tenant may make repairs to remedy noncompliance at

landlord's expense.

1303. Limitations on landlord liability.

1304. Rules of landlord governing use and enjoyment of

20180HB2685PN4213 - 23 -

premises.

1305. Rules of third parties governing use and enjoyment of

premises.

§ 1301. Delivery of possession of dwelling unit to tenant.

A landlord shall deliver physical possession of the dwelling

unit to the tenant at the commencement of the term of the lease.

§ 1302. Tenant may make repairs to remedy noncompliance at

landlord's expense.

(a) Premises.--A landlord shall maintain the premises in a

habitable condition, including making necessary repairs. The

landlord shall ensure that the premises:

(1) complies with obligations imposed on the landlord by

any applicable State or local building, housing, fire or

health code or law other than this subpart;

(2) has effective waterproofing and weather protection

of the roof and exterior walls, including windows and doors;

(3) has plumbing facilities which conform to law and are

maintained in good working order;

(4) has access to a water supply which is approved under

law which can provide hot and cold running water;

(5) has adequate ventilation and heating facilities

which conform to law and are maintained in good working

order;

(6) has electrical lighting, with wiring and equipment,

which conforms to law and is maintained in good working

order;

(7) has reasonable measures in place to control the

presence of rodents, bedbugs and other vermin and to prevent

exposure to unsafe levels of radon, lead paint, asbestos,

toxic mold and other hazardous substances;

20180HB2685PN4213 - 24 -

(8) to the extent the premises includes a common area or

other areas under the landlord's control, has reasonable

measures in place to make the area:

(i) clean and sanitary;

(ii) safe for normal and reasonably foreseeable use

consistent with the lease and in good repair; and

(iii) reasonably free of debris, filth, rubbish,

garbage and the items listed in paragraph (7);

(9) has an adequate number of appropriate receptacles in

reasonably clean condition if the landlord is obligated to

provide trash removal or recycling service by law or an

agreement in a record signed by the landlord and tenant;

(10) has in good repair floors, doors, windows, walls,

ceilings, stairways and railings;

(11) has in good repair other facilities and appliances

supplied or required to be supplied by the landlord;

(12) has in good repair locks or other security devices

on all exterior doors and on windows that open and close,

including those of the dwelling unit and other parts of the

premises; and

(13) has in good working order any safety equipment

required by law.

(b) Essential services.--

(1) Subject to paragraph (2), a landlord shall ensure

the premises has access to essential services.

(2) A lease may require that an account with a utility

provider of an essential service to the dwelling unit be in

the name of the tenant and that the tenant pay the periodic

cost for the service. If the service is not provided because

the tenant fails to pay for the service, the landlord is not

20180HB2685PN4213 - 25 -

in violation of this subsection.

of this subpart, all of the following apply:

(1) Except as set forth in paragraph (2), the sublessor

shall comply with subsection (a).

(2) Paragraph (1) does not apply to a duty which would

require the sublessor to access parts of the premises beyond

the sublessor's control.

(d) Agreement.--Subject to subsection (e), a landlord and

tenant may agree that the tenant is to perform specified

repairs, maintenance tasks, alterations or remodeling only if:

(1) the agreement is in a record, other than the lease,

signed by the parties and supported by adequate

consideration;

(2) the work is not necessary to cure the landlord's

noncompliance with subsection (a)(1); and

(3) the agreement does not affect the obligation of the

landlord to other tenants on the premises.

(e) Improper condition.--A landlord may not treat

performance of an agreement under subsection (d) as a condition

to the performance of an obligation under the lease or this

section.

§ 1303. Limitations on landlord liability.

Except to the extent a landlord and tenant otherwise agree in

a signed record, if the landlord, in a good-faith sale to a bona

fide purchaser, conveys premises which include a dwelling unit

subject to a lease, all of the following apply:

(1) Except as set forth in paragraph (2), the landlord

is relieved of liability under the lease and this subpart as

to an event which occurs after the later of:

20180HB2685PN4213 - 26 -

(i) the conveyance to the purchaser; or

(ii) notice in a record by the landlord to the

tenant of the conveyance.

(2) Except as set forth in section 20B05 (relating to

disposition of security deposit on termination of landlord

interest in premises), the landlord remains liable to the

tenant for the amount of any security deposit and unearned

rent paid to the landlord.

§ 1304. Rules of landlord governing use and enjoyment of

premises.

(a) Disclosure required.--Except as set forth in section

1305(a) (relating to rules of third parties governing use and

enjoyment of premises) or as required by law other than this

subpart, a landlord may enforce a rule of the landlord in

existence at the time the lease commenced only if the rule was

disclosed to the tenant under section 1108 (relating to required

disclosures by landlord).

(b) Time.--Except as set forth in subsection (c) or (d),

after commencement of the term of a lease, the landlord may

adopt or modify a rule concerning the tenant's use and enjoyment

of the premises. The adoption or modification may not take

effect earlier than 30 days after the landlord gives the tenant

notice in a record of the adoption or modification.

tenancy for month-to-month, any adoption or modification under

subsection (b) may not take effect before the expiration of the

period under section 1801(b)(2) (relating to termination of

periodic tenancy) during which the tenant or landlord could have

exercised the right to terminate the tenancy.

(d) Tenancy for fixed term.--In a tenancy for a fixed term,

20180HB2685PN4213 - 27 -

if any adoption or modification under subsection (b)

substantially modifies the tenant's benefit of the bargain and

is not required by law other than this subpart, the rule is not

enforceable against the tenant unless the tenant consents in a

signed record.

§ 1305. Rules of third parties governing use and enjoyment of

premises.

(a) Prior to commencement of lease.--If, before the

commencement of the term of a lease, the landlord fails to

disclose a rule adopted by a person other than the landlord

which substantially modifies the tenant's benefit of the bargain

and is not required by law other than this subpart and if the

rule is enforced against the tenant, the tenant may do any of

the following:

(1) Recover actual damages from the landlord.

(2) Terminate the lease by giving the landlord notice in

a record that the lease will terminate on a date specified in

the notice. The date specified shall be at least 30 days

after the notice is given.

(b) After commencement of lease.--

(1) This subsection applies to a tenancy for a fixed

term if, after the commencement of the term of a lease:

(i) a person other than the landlord adopts or

modifies a rule;

(ii) the adoption or modification:

(A) substantially changes the tenant's benefit

of the bargain; and

(B) is not required by law other than this

subpart; and

(iii) the rule is enforced against the tenant.

20180HB2685PN4213 - 28 -

(2) If paragraph (1) applies, the tenant may do any of

the following:

(i) Except as set forth in subsection (c), terminate

the lease by giving the landlord notice in a record that

the lease will terminate on a date specified in the

notice. The date specified shall be at least 30 days

after the notice is given.

(ii) In the case of a periodic tenancy, terminate

the tenancy under section 1801 (relating to termination

of periodic tenancy).

lease under subsection (b)(2)(i) if the lease provides that:

(1) the dwelling unit is subject to rules of a person

other than the landlord; and

(2) the person under paragraph (1) may modify the rules

after the commencement of the term of the lease.

CHAPTER 14

TENANT REMEDIES

Sec.

1401. Notice and opportunity to remedy.

1402. Noncompliance by landlord; generally.

1403. Limitations on remedies.

1404. Material noncompliance by landlord; termination of lease.

1405. Landlord failure to deliver possession to tenant.

1406. Repair by tenant.

1407. Failure of essential service.

1408. Landlord noncompliance as defense to action for

possession or nonpayment of rent; escrow account.

1409. Unlawful removal; exclusion; interruption of essential

service.

20180HB2685PN4213 - 29 -

§ 1401. Notice and opportunity to remedy.

Except as set forth in section 1403 (relating to limitations

on remedies), if a landlord fails to comply with a lease or

section 1302 (relating to tenant may make repairs to remedy

noncompliance at landlord's expense), the tenant has the

remedies under section 1402 (relating to noncompliance by

landlord; generally). To obtain a remedy under this section, the

tenant must do all of the following:

(1) Give the landlord notice in a record of the

noncompliance.

(2) Give the landlord an opportunity to remedy the

noncompliance within one of the following time periods:

(i) Except as set forth in subparagraph (ii), not

later than 14 days after the tenant gives the notice.

(ii) If the noncompliance involves failure to

provide an essential service or materially interferes

with the health or safety of the tenant or an immediate

family member, as soon as practicable but not later than

five days after the tenant gives the notice.

§ 1402. Noncompliance by landlord; generally.

(a) Major noncompliance.--Except as set forth in subsection

(1) This subsection applies:

(i) if a local licensing, safety or health agency

where the dwelling unit is located certifies the dwelling

as unfit for human habitation; or

(ii) if all of the following clauses apply:

(A) A landlord does not comply with a lease or

with section 1302 (relating to tenant may make

repairs to remedy noncompliance at landlord's

20180HB2685PN4213 - 30 -

expense).

(B) Noncompliance under clause (A):

(I) results in the tenant not receiving an

essential service;

(II) materially interferes with the health

or safety of the tenant or an immediate family

member; or

(III) materially interferes with the use and

enjoyment of the premises by the tenant or an

immediate family member.

noncompliance under section 1401(1) (relating to

notice and opportunity to remedy).

(D) Noncompliance under clause (A) is not

remedied during the applicable period specified in

section 1401.

(2) If paragraph (1) applies, the tenant has the

following remedies:

(i) Terminate the lease under section 1404 (relating

to material noncompliance by landlord; termination of

lease).

(ii) Continue the lease and elect one or more of the

following remedies:

(A) Subject to section 1408 (relating to

landlord noncompliance as defense to action for

possession or nonpayment of rent; escrow account),

withhold rent for the period of noncompliance

beginning on the date the tenant gave notice under

section 1401.

(B) Recover actual damages.

20180HB2685PN4213 - 31 -

performance or other equitable relief.

(D) Make repairs and deduct the cost from the

rent under section 1406 (relating to repair by

tenant).

(E) Secure an essential service the landlord is

obligated to provide or comparable substitute housing

during the period of noncompliance under section 1407

(relating to failure of essential service).

(b) Minor noncompliance.--

(1) Except as set forth in subsection (c) or section

1403, this subsection applies if the landlord does not comply

with the lease or section 1302 but the noncompliance does not

materially interfere with:

(i) the health or safety of the tenant or an

immediate family member; or

(ii) the use and enjoyment of the premises by the

tenant or immediate family member.

(2) If paragraph (1) applies, the tenant may continue

the lease and elect one or more of the following remedies:

(i) Recover actual damages.

(ii) Obtain injunctive relief, specific performance

or other equitable relief.

(iii) Make repairs and deduct the cost from the rent

under section 1406.

this section to the extent that:

(1) the landlord's noncompliance was caused by an act or

omission of the tenant, an immediate family member or a

guest; or

20180HB2685PN4213 - 32 -

(2) the tenant, an immediate family member or a guest

prevented the landlord from having access to the dwelling

unit to remedy the act or omission described in the notice

under section 1401.

§ 1403. Limitations on remedies.

(a) Tenant's remedy for fire, other casualty or natural

disaster.--If a dwelling unit or other part of the premises is

substantially damaged or destroyed by a fire, other casualty or

natural disaster, the following apply:

(1) If the unit or other part of the premises is

uninhabitable or inaccessible or continued occupancy of the

unit is unlawful, the tenant may vacate the unit immediately

and, not later than 14 days after vacating the unit, give the

landlord notice in a record of the tenant's intent to

terminate the lease. The lease terminates as of the date the

tenant vacates the unit.

(2) If continued occupancy of the unit is lawful,

subject to the landlord's right to terminate the lease under

subsection (b), the tenant, after complying with section 1401

(relating to notice and opportunity to remedy), may continue

the lease and seek the remedies provided in section 1402(a)

(2)(ii)(A), (B), (C) and (D) and (b)(2) (relating to

noncompliance by landlord; generally).

(b) Landlord's remedy for fire, other casualty or natural

disaster.--

(1) This subsection applies if all of the following

subparagraphs apply:

(i) The dwelling unit or other part of the premises

is substantially damaged by a fire, other casualty or

natural disaster.

20180HB2685PN4213 - 33 -

(ii) Continued occupancy of the unit:

(A) is unlawful or dangerous; or

(B) requires repairs that can be made only if

the tenant vacates the unit.

(2) If paragraph (1) applies, the landlord may terminate

the lease by giving the tenant notice in a record that the

lease will terminate on the date specified in the notice. The

specified date shall be at least five days after the notice

is given.

(1) This subsection applies if all of the following

subparagraphs apply:

(i) The landlord's noncompliance with the lease or

section 1302 (relating to tenant may make repairs to

remedy noncompliance at landlord's expense) materially

interferes with:

(A) the health or safety of the tenant or an

immediate family member; or

(B) the use and enjoyment of the premises by the

tenant or an immediate family member.

(ii) It is impossible for the landlord to remedy the

noncompliance within the applicable period specified in

section 1401.

(2) If paragraph (1) applies, the tenant may:

(i) terminate the lease under section 1404(b)

(relating to material noncompliance by landlord;

termination of lease); or

(ii) subject to subsection (d), continue the lease

and recover actual damages limited to diminution in the

value of the dwelling unit.

20180HB2685PN4213 - 34 -

(d) Landlord obligations for noncompliance by landlord.--

(1) This subsection applies if all of the following

subparagraphs apply:

(i) The landlord's noncompliance with the lease or

section 1302 materially interferes with:

(A) the health or safety of the tenant or an

immediate family member; or

(B) the use and enjoyment of the premises by the

tenant or an immediate family member.

(ii) It is impossible for the landlord to remedy the

noncompliance.

(2) If paragraph (1) applies, all of the following

apply:

(i) Not later than 30 days after receiving the

notice under section 1401, the landlord may terminate the

lease by giving the tenant notice in a record that the

lease will terminate on the date specified in the notice.

The date specified shall be at least 30 days after the

landlord gives the notice.

(ii) The landlord may not rent the unit for 90 days

after termination of the lease.

(e) Return of security deposit and unearned rent.--If a

lease is terminated under this section, the landlord shall

return the security deposit and unearned rent to which the

tenant is entitled under section 20B04 (relating to disposition

of security deposit and unearned rent on termination of lease).

(f) Nonexclusivity.--This section does not preclude:

(1) a landlord from seeking actual damages from the

tenant under law other than this subpart for damage to the

premises caused by an act or omission of the tenant, an

20180HB2685PN4213 - 35 -

immediate family member or a guest; or

(2) a tenant from seeking actual damages from the

landlord under law other than this subpart if an occurrence

under subsection (a) or (b) was caused by an act or omission

of the landlord or landlord's agent.

§ 1404. Material noncompliance by landlord; termination of

lease.

(a) Health or safety.--

(1) This subsection applies if all of the following

subparagraphs apply:

(i) The landlord does not comply with the lease or

section 1302 (relating to tenant may make repairs to

remedy noncompliance at landlord's expense).

(ii) The noncompliance materially interferes with

the health or safety of the tenant or an immediate family

member.

(iii) The noncompliance is not remedied within the

period specified in section 1401(2)(ii) (relating to

notice and opportunity to remedy).

(2) If paragraph (1) applies, the tenant may terminate

the lease by giving the landlord notice in a record of the

tenant's intent to terminate the lease immediately or on the

date specified in the notice. The date specified shall be not

later than 30 days after the date of the notice.

(b) Use and enjoyment.--

(1) This subsection applies if all of the following

subparagraphs apply:

(i) The landlord does not comply with the lease or

section 1302.

(ii) The noncompliance materially interferes with

20180HB2685PN4213 - 36 -

the use and enjoyment of the premises.

(iii) The noncompliance is not remedied within the

period specified in section 1401(2)(i).

(2) If paragraph (1) applies, the tenant may terminate

the lease by giving the landlord notice in a record of the

tenant's intent to terminate the lease on the date specified

in the notice. The date specified shall be at least 14 days

after the expiration of the period allowed under section 1401

for the remedy of the noncompliance.

subsection (a) or (b), the tenant may recover actual damages.

(d) Return of security deposit and unearned rent.--If a

tenant terminates a lease under this section, the landlord shall

return any security deposit and unearned rent to which the

tenant is entitled under section 20B04 (relating to disposition

of security deposit and unearned rent on termination of lease).

§ 1405. Landlord failure to deliver possession to tenant.

(a) Tenant remedies.--Subject to subsection (d), if a

landlord does not deliver physical possession of a dwelling unit

to the tenant under section 1301 (relating to delivery of

possession of dwelling unit to tenant), the tenant is not

required to pay rent until possession is delivered and may:

(1) terminate the lease by giving notice in a record to

the landlord at any time before the landlord delivers

possession of the unit to the tenant; or

(2) demand performance of the lease by the landlord and:

(i) recover actual damages and obtain possession of

the unit from the landlord; or

(ii) obtain possession of the unit from any person

wrongfully in possession by any lawful means the landlord

20180HB2685PN4213 - 37 -

could have used.

(b) Return of funds.--If a tenant terminates the lease under

subsection (a)(1), the landlord shall return funds received from

the tenant before the commencement of the term of the lease.

subsections (a) and (b), if a landlord's failure to deliver

possession to the tenant under section 1301 is willful, the

tenant may recover the greater of:

(1) three times the periodic rent; or

(2) three times the actual damages.

(d) Subrogation.--If a tenant seeks possession under

subsection (a)(2)(ii), the tenant is liable to the landlord for

rent and may recover from the person wrongfully in possession

damages under section 1802 (relating to holdover tenancy).

§ 1406. Repair by tenant.

(a) Authorization.--If a landlord fails to comply with the

lease or section 1302 (relating to tenant may make repairs to

remedy noncompliance at landlord's expense), all of the

following apply:

(1) The tenant may give notice to the landlord under

section 1401 (relating to notice and opportunity to remedy)

specifying the noncompliance.

(2) Except as set forth in subsection (d), the tenant

may make repairs to remedy the noncompliance at the

landlord's expense if:

(i) the landlord fails to remedy the noncompliance

within the applicable period specified in section 1401;

and

(ii) the reasonable cost to remedy the noncompliance

does not exceed one month's periodic rent.

20180HB2685PN4213 - 38 -

(b) Recovery.--

(1) A tenant that makes repairs under subsection (a) is

entitled to recover the greater of:

(i) the actual and reasonable cost incurred;

(ii) the reasonable value of the work performed to

remedy the noncompliance; or

(iii) one month's periodic rent.

(2) Unless the tenant is reimbursed by the landlord, the

tenant may recover the amount under paragraph (1) by

deducting the amount from rent after submitting to the

landlord an itemized statement, accompanied by receipts for

purchased items and services.

a professional manner and in compliance with applicable law.

(d) Exception.--Subsection (a)(2) does not apply to the

extent that:

(1) the noncompliance was caused by an act or omission

of the tenant, an immediate family member or a guest; or

(2) the landlord was unable to remedy the noncompliance

within the applicable period specified in section 1401

because the tenant, an immediate family member or a guest

denied the landlord access to the dwelling unit.

§ 1407. Failure of essential service.

(a) Tenant.--Except as set forth in subsection (b) or

section 1403 (relating to limitations on remedies), if a tenant

fails to receive an essential service that the landlord has a

duty to provide under section 1302(b) (relating to tenant may

make repairs to remedy noncompliance at landlord's expense), all

of the following apply:

(1) The tenant may give notice to the landlord under

20180HB2685PN4213 - 39 -

section 1401 (relating to notice and opportunity to remedy)

specifying the failure.

(2) If the landlord fails to provide the essential

service within the applicable period specified under section

1401:

(i) the tenant may:

(A) take appropriate measures to secure the

essential service during the period of the landlord's

noncompliance; and

(B) deduct the actual and reasonable cost from

the rent; or

(ii) the tenant may:

(A) procure comparable substitute housing at the

landlord's expense during the period of the

noncompliance; and

(B) recover actual damages.

(b) Exception.--This section does not apply if the tenant's

failure to receive the essential service was caused by an act or

omission of the tenant, an immediate family member or a guest.

§ 1408. Landlord noncompliance as defense to action for

possession or nonpayment of rent; escrow account.

(a) Defense for tenant.--If a landlord fails to comply with

the lease or section 1302 (relating to tenant may make repairs

to remedy noncompliance at landlord's expense) and the tenant

has complied with section 1401 (relating to notice and

opportunity to remedy), the tenant may defend an action by the

landlord based on nonpayment of rent on the ground that no rent

was due because of the noncompliance.

(b) Escrow.--If a tenant is in possession of a dwelling unit

when the landlord files an action based on nonpayment of rent,

20180HB2685PN4213 - 40 -

either party may seek a court order directing the tenant to pay

all or part of the unpaid rent and all additional rent as it

accrues into an escrow account with the court or a bank or other

entity authorized by the court to hold funds in escrow.

under subsection (b), upon a determination that the landlord

fully complied with the lease and section 1302, the court shall

order the immediate release to the landlord of rent held in

escrow and enter judgment for any remaining rent owed.

(d) Other treatment of escrow.--If rent has been paid into

escrow under subsection (b), upon a determination that the

landlord's noncompliance with the lease or section 1302

materially interferes with the health or safety of a tenant or

an immediate family member or with the use and enjoyment of the

premises by the tenant or an immediate family member, the court

may order one or more of the following:

(1) Release to the landlord all or part of the rent held

in escrow to be used only to bring the premises into

compliance with the lease or section 1302.

(2) Return to the tenant all or part of the rent held in

escrow in compensation for:

(i) a repair made by the tenant in compliance with

section 1406 (relating to repair by tenant); or

(ii) actual damages.

(3) The tenant's continued payment of rent into escrow

as rent becomes due or abatement of future rent until the

landlord brings the premises into compliance with the lease

or section 1302.

(4) Payment to the landlord of rent held in escrow not

otherwise payable to the tenant.

20180HB2685PN4213 - 41 -

(e) Compliance without escrow.--If rent has not been paid

into escrow under subsection (b), upon a determination that the

landlord complied with the lease and section 1302, the court

shall render judgment for unpaid rent.

(f) Noncompliance without escrow.--If rent has not been paid

into escrow under subsection (b), upon a determination that the

landlord's noncompliance with the lease or section 1302

materially interferes with the health or safety of a tenant or

an immediate family member or with the use and enjoyment of the

premises by the tenant or an immediate family member, the court

shall render judgment for unpaid rent less any amount expended

by the tenant in compliance with section 1406 to repair the

premises and actual damages.

(g) Additional relief.--In addition to other remedies

provided under this section, the court may award possession or

other appropriate relief if the court determines the tenant:

(1) acted in bad faith in withholding rent; or

(2) failed to comply with an order to pay rent into

escrow under subsection (b) or to pay rent or other amounts

owed to the landlord under this section.

§ 1409. Unlawful removal; exclusion; interruption of essential

service.

(a) Damages.--If a landlord unlawfully removes or excludes

the tenant from the premises or willfully interrupts or causes

the interruption of an essential service the landlord has the

duty to provide to the tenant, the tenant:

(1) may recover the greater of:

(i) three times the periodic rent; or

(ii) three times actual damages; and

(2) may:

20180HB2685PN4213 - 42 -

(i) recover possession; or

(ii) terminate the lease by giving the landlord

notice in a record of the tenant's intent to terminate

the lease immediately or on a later date specified in the

notice.

(b) Return of security deposit and unearned rent.--If a

tenant terminates the lease under subsection (a)(2)(ii), the

landlord shall return any security deposit and unearned rent to

which the tenant is entitled under section 20B04 (relating to

disposition of security deposit and unearned rent on termination

of lease).

CHAPTER 15

TENANT DUTIES

Sec.

1501. Tenant duties.

§ 1501. Tenant duties.

(a) Obligations.--A tenant shall do all of the following:

(1) Comply with the obligations imposed on the tenant by

the lease and this subpart.

(2) Comply with the obligations imposed on a tenant by

any building, housing, fire or health code or other law.

(3) Except with respect to duties imposed on the

landlord by the lease, this subpart or law other than this

subpart, keep the dwelling unit reasonably safe and sanitary.

(4) Remove garbage, rubbish and other debris from the

unit in a clean and safe manner.

(5) Keep all plumbing fixtures in the unit reasonably

clean.

(6) Use in a reasonable manner electrical, plumbing,

heating, ventilating and air conditioning systems and other

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facilities and appliances on the premises.

(7) Notify the landlord within a reasonable time of any

condition of the premises which requires repair by the

landlord under the lease or section 1302 (relating to tenant

may make repairs to remedy noncompliance at landlord's

expense).

(8) Return the dwelling unit to the landlord at the

termination of the lease in the same condition as it was at

the commencement of the term of the lease, with the premises

free of any damage caused by the tenant, an immediate family

member or a guest, except for:

(i) normal wear and tear;

(ii) damage resulting from a cause beyond the

control of the tenant, an immediate family member or

guest; or

(iii) any addition and improvement installed on the

premises with the landlord's consent.

(9) Unless the landlord and tenant otherwise agree, use

the dwelling unit only for residential purposes.

(b) Prohibitions.--A tenant may not do any of the following:

(1) Without the landlord's consent, willfully or

negligently:

(i) destroy, deface, damage, impair, remove or

render inoperative any part of the premises;

(ii) destroy, deface, damage, impair, remove or

render inoperative any safety equipment on the premises;

(iii) permit an immediate family member or a guest

to do any of the acts specified in this paragraph.

(2) Disturb the use and enjoyment of the premises by

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another tenant.

(3) Permit an immediate family member or a guest to

violate paragraph (2).

(4) Engage in or permit an immediate family member or a

guest to engage in criminal activity.

CHAPTER 16

LANDLORD REMEDIES

Sec.

1601. Tenant failure to pay rent; other noncompliance with

lease.

1602. Waiver of landlord right to terminate.

1603. Distraint for rent abolished; lien prohibited.

1604. Abandonment; remedy after termination.

1605. Limitation on self-help recovery.

§ 1601. Tenant failure to pay rent; other noncompliance with

lease.

(a) Opportunity to remedy.--

(1) Except as otherwise provided by law other than this

subpart, a landlord may terminate a lease for:

(i) nonpayment of rent when due; or

(ii) material noncompliance with a lease or this

subpart by the tenant, an immediate family member or a

guest.

(2) Subject to subsection (b), the following apply:

(i) For termination under paragraph (1)(i), the

landlord must give the tenant notice in a record stating

that if the rent remains unpaid 14 days after the notice

is given, the lease will terminate on expiration of the

14-day period or a later date specified in the notice.

(ii) For termination under paragraph (1)(ii), the

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landlord must give the tenant notice in a record

specifying the act or omission constituting the

noncompliance and stating that, if the noncompliance is

not remedied not later than 14 days after the landlord

gives the notice, the lease will terminate on a date

specified in the notice. The date specified shall be at

least 30 days after the landlord gives the notice.

(b) No opportunity to remedy.--

(1) A landlord may terminate a lease without giving the

tenant an opportunity to remedy a noncompliance if any of the

following subparagraphs apply:

(i) For a termination under subsection (a)(1)(i),

the tenant failed to pay rent in a timely manner on at

least two occasions within the immediately preceding four

months.

(ii) For a termination under subsection (a)(1)(ii):

(A) the tenant committed substantially the same

act or omission within the immediately preceding six

months;

(B) the noncompliance poses an actual and

imminent threat to the health or safety of an

individual on the premises or the landlord or

landlord's agent; or

noncompliance constitutes a criminal act.

(2) To terminate a lease under paragraph (1), the

landlord must give notice in a record. The notice must

specify the reason for termination. The notice must state a

termination date as follows:

(i) For a termination under paragraph (1)(i) or (ii)

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(A), the lease will terminate on a date specified in the

notice. The date specified shall be at least 14 days

after the landlord gives the notice.

(ii) For a termination under paragraph (1)(ii)(B) or

(C), the lease will terminate immediately or on a later

date specified in the notice.

(3) Paragraph (1)(ii)(C) does not apply if all of the

following apply:

(i) The criminal act was the act of an immediate

family member or a guest.

(ii) The tenant:

(A) neither knew nor should have known the act

was going to be committed; and

(B) takes reasonable steps to ensure that there

will not be a repeated criminal act on the premises

by the immediate family member or guest.

this subpart, if the tenant fails to comply with section 1501

(relating to tenant duties), the landlord may:

(1) obtain injunctive relief or specific performance; or

(2) regardless of whether the lease terminates as a

result of the tenant's noncompliance, recover actual damages.

§ 1602. Waiver of landlord right to terminate.

(a) Waiver.--Subject to subsection (b):

(1) Except as set forth in paragraph (2), any of the

following constitute waiver of a landlord's right to

terminate a lease for noncompliance by the tenant with the

lease or this subpart:

(i) Acceptance by a landlord of rent for two or more

successive rental periods with knowledge of the

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noncompliance.

(ii) Acceptance by the landlord of the tenant's

performance which varies from the terms of the lease or

this subpart.

(2) Paragraph (1) does not apply if the landlord and

tenant otherwise agree after the noncompliance occurs.

(b) Termination of periodic tenancy.--This section does not

prevent a landlord or tenant from exercising a right under

section 1801 (relating to termination of periodic tenancy).

§ 1603. Distraint for rent abolished; lien prohibited.

(a) Abolition.--Distraint for rent is abolished.

(b) Lien prohibition.--A landlord may not create, perfect or

enforce a lien or security interest on a tenant's tangible

personal property to secure the tenant's performance under the

lease or this subpart.

§ 1604. Abandonment; remedy after termination.

(a) Abandonment.--A tenant abandons a dwelling unit if any

of the following paragraphs apply:

(1) The tenant:

(i) delivers possession of the unit to the landlord

before the end of the term by returning the keys or other

means of access; or

(ii) otherwise notifies the landlord the unit has

been vacated.

(2) Rent which is due is not paid for at least five days

and the tenant:

(i) vacates the unit by removing substantially all

of the tenant's personal property from the unit and the

premises; and

(ii) either:

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(A) causes the termination of an essential

service; or

(B) otherwise indicates by words or conduct that

the tenant has no intention to return to the unit.

(b) Recovery of possession.--If a tenant abandons the

dwelling unit before the end of the term of the lease, the

landlord may recover possession of the unit without a court

order and may act under any of the following paragraphs:

(1) The landlord may accept the tenant's abandonment of

the unit by notice in a record given to the tenant. Upon

acceptance under this paragraph, all of the following apply:

(i) The lease terminates on the date of abandonment.

(ii) The landlord and tenant are liable to each

other under the lease only for a noncompliance with the

lease or this subpart which occurs before the lease

terminates.

(iii) The landlord shall return any security deposit

and unearned rent to which the tenant is entitled under

section 20B04 (relating to disposition of security

deposit and unearned rent on termination of lease).

(2) The landlord may treat the abandonment as wrongful.

If the landlord acts under this paragraph, the tenant remains

liable under the lease and the landlord has a duty to

mitigate by making a reasonable effort. All of the following

apply:

(i) The landlord's duty to mitigate does not take

priority over the landlord's right to lease first any

other dwelling unit the landlord has available to lease.

(ii) If the landlord leases the abandoned dwelling

unit to another person for a term beginning before the

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expiration of the term of the lease of the abandoning

tenant:

(A) the lease terminates as of the date of the

new tenancy; and

(B) the landlord may recover actual damages from

the abandoning tenant.

(iii) If the landlord makes a reasonable effort but

is unable to rent the dwelling unit or is able to rent it

only for an amount less than the rent payable by the

abandoning tenant, the landlord may recover actual

damages from the abandoning tenant.

(iv) If the landlord does not make a reasonable

effort:

(A) the lease terminates as of the date of

abandonment; and

(B) the landlord and tenant are liable to each

other under the lease or this subpart only for a

noncompliance with the lease or this subpart which

occurs before the date of abandonment.

(v) After deducting the landlord's actual damages,

the landlord shall return any security deposit and

unearned rent to which the tenant is entitled under

section 20B04.

§ 1605. Limitation on self-help recovery.

Except as set forth in section 1604 (relating to abandonment;

remedy after termination), all of the following apply:

(1) A landlord may not recover or take possession of a

dwelling unit by an act of self-help, including willful

interruption or causing the willful interruption of an

essential service to the unit.

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(2) A landlord may recover possession of a dwelling unit

following termination of a lease only through an action

permitted by law other than this subpart.

CHAPTER 17

ACCESS TO DWELLING UNIT

Sec.

1701. Landlord access to dwelling unit.

1702. Remedies for abuse of access.

§ 1701. Landlord access to dwelling unit.

(a) Prohibition.--Except as set forth in subsection (d) or

(e), a landlord may not enter a dwelling unit unless:

(1) entry is permitted by the lease or the tenant

otherwise agrees;

(2) entry is under a court order;

(3) the tenant has abandoned the unit under section 1604

(relating to abandonment; remedy after termination); or

(4) permitted by law other than this subpart.

(b) Tenant consent.--A tenant may not unreasonably withhold

consent for the landlord to enter the dwelling unit to:

(1) inspect the unit;

(2) make a necessary or agreed-to repair, alteration or

improvement;

(3) supply a necessary or agreed-to service; or

(4) exhibit the unit to a prospective or actual

purchaser, mortgagee, tenant, worker or contractor or a

public official responsible for enforcing a building,

housing, fire or health code or other law.

or (e), a landlord may enter a dwelling unit only at a

reasonable time and with the tenant's consent and shall give the

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tenant at least 24 hours' notice of the intent to enter the

unit.

(d) Routine maintenance and pest control.--For routine

maintenance or pest control, a landlord may enter the dwelling

unit without the tenant's consent if the landlord gives the

tenant:

(1) at least 72 hours' notice of the intent to enter the

unit; or

(2) a fixed schedule for maintenance or pest control at

least 72 hours before the first scheduled entry into the

unit.

(e) Emergencies and requests.--In an emergency or when

maintenance or repairs are being made at a tenant's request, the

landlord may enter the dwelling unit without the tenant's

consent if the landlord gives notice that is reasonable under

the circumstances. If the landlord enters the unit when the

tenant is not present and before giving notice, the landlord

shall leave notice in a record of the entry in a conspicuous

place in the unit stating the fact of entry, the date and time

of entry and the reason for the entry.

(f) Contents of notice.--If notice is given before the

landlord enters the unit, the notice must state:

(1) the intended purpose for the entry; and

(2) the date and a reasonable period during which the

landlord anticipates making the entry.

(g) Harassment.--A landlord may not abuse the right under

this section to enter a tenant's dwelling unit or use the right

to harass the tenant.

§ 1702. Remedies for abuse of access.

(a) Landlord.--If a tenant unreasonably refuses to allow the

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landlord access to the dwelling unit, all of the following

paragraphs apply:

(1) The landlord may:

(i) obtain a court order to compel the tenant to

grant the landlord access to the unit; or

(ii) terminate the lease by giving the tenant notice

in a record stating that, if the tenant fails to grant

the landlord access to the unit not later than 14 days

after the notice, the lease will terminate on expiration

of the 14-day period or on a later date specified in the

notice.

(2) The landlord may recover the greater of:

(i) actual damages; or

(ii) one month's periodic rent.

(b) Tenant.--

(1) This subsection applies if a landlord:

(i) unlawfully enters a tenant's dwelling unit;

(ii) lawfully enters a tenant's dwelling unit in an

unreasonable manner; or

(iii) makes repeated demands to enter which are

otherwise lawful but have the effect of harassing the

tenant.

(2) If paragraph (1) applies, all of the following

subparagraphs apply:

(i) The tenant may do either of the following:

(A) Seek injunctive relief to prevent the

recurrence of the conduct.

(B) Terminate the lease by giving the landlord

notice in a record that the lease will terminate

immediately or on a later date specified in the

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notice. The date specified must not be later than 30

days after notice is given.

(ii) The tenant may recover the greater of:

(A) actual damages; or

(B) one month's periodic rent.

CHAPTER 18

PERIODIC AND HOLDOVER TENANCY;

DEATH OF TENANT

Sec.

1801. Termination of periodic tenancy.

1802. Holdover tenancy.

1803. Death of tenant.

§ 1801. Termination of periodic tenancy.

(a) Notice required.--A periodic tenancy continues until

notice is given under subsection (b).

(b) Procedure.--Except as otherwise provided in this

subpart, the following apply:

(1) A landlord may terminate a periodic tenancy:

(i) for week-to-week, by giving the tenant at least

five days' notice in a record of the landlord's intent to

terminate the tenancy on a date specified in the notice;

and

(ii) for month-to-month, by giving the tenant at

least one month's notice in a record of the landlord's

intent to terminate the tenancy at the end of the monthly

period.

(2) A tenant may terminate a periodic tenancy:

(i) for week-to-week, by giving the landlord at

least five days' notice in a record of the tenant's

intent to terminate the tenancy on a date specified in

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the notice; and

(ii) for month-to-month, by giving the landlord at

least one month's notice in a record of the tenant's

intent to terminate the tenancy at the end of the monthly

period.

§ 1802. Holdover tenancy.

(a) Action for possession.--Except as set forth in section

1405(a)(2)(ii) (relating to landlord failure to deliver

possession to tenant), all of the following apply:

(1) A landlord may bring an action for possession of a

dwelling unit if a tenant remains in possession of the unit

without the landlord's consent after:

(i) expiration of a tenancy for a fixed term,

subject to subsection (b); or

(ii) termination of a periodic tenancy.

(2) If the tenant's holdover is willful, the landlord

may recover the greater of:

(i) three times the periodic rent; or

(ii) three times the actual damages.

(b) Tenancy at sufferance.--Unless a landlord and tenant

otherwise agree in a record, if the tenant remains in possession

of a dwelling unit with the landlord's consent after expiration

of a tenancy for a fixed term, a periodic tenancy for month-to-

month arises under the same terms as the lease prior to the

expiration of the tenancy.

§ 1803. Death of tenant.

(a) Assumption of lease.--If a sole tenant under a lease

dies before the end of a tenancy for a fixed term or a periodic

tenancy, the tenant's surviving spouse or domestic partner, who

resides in the dwelling unit, may assume the lease. To assume

20180HB2685PN4213 - 55 -

the lease, the individual must give the landlord notice in a

record not later than 20 days after the tenant's death stating

the individual's intent. Upon assumption, the individual becomes

the tenant under the lease.

(b) Termination.--Subject to subsection (c) and except as

set forth in subsection (d) or law other than this subpart, all

of the following apply:

(1) A landlord may terminate the lease of a deceased

tenant by giving notice in a record to:

(i) the tenant's representative; and

(ii) the surviving spouse or domestic partner of the

tenant, who resides in the dwelling unit.

(2) A tenant's representative may terminate the lease of

a deceased tenant by giving notice in a record to:

(i) the landlord; and

(ii) the surviving spouse domestic partner of the

tenant, who resides in the dwelling unit.

(3) Notice under paragraph (1) or (2) must state the

lease will terminate on a date specified in the notice. The

date specified must be at least 30 days after:

(i) the notice, in the case of a tenancy for a fixed

term; or

(ii) a specified date under section 1801(b)

(relating to termination of periodic tenancy), in the

case of a periodic tenancy.

(4) Notice under paragraph (1)(ii) or (2)(ii) must state

that the surviving spouse or domestic partner has 20 days

after receipt of the notice to assume the lease.

domestic partner who resides in the dwelling unit, notice to

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terminate a lease under subsection (b) may not be given before

the time specified in subsection (a) expires.

(d) Waiver of notice.--A landlord may terminate a lease

without notice if:

(1) the landlord is unable to contact a person required

to be notified under subsection (b)(1) for the purpose of

terminating the lease; and

(2) rent is overdue for at least 25 days.

CHAPTER 19

RETALIATION

Sec.

1901. Retaliation prohibited.

1902. Tenant remedies for retaliatory conduct.

1903. Presumption of retaliatory conduct.

1904. Landlord remedies for bad faith action of tenant.

§ 1901. Retaliation prohibited.

(a) Prohibited purposes.--Except as set forth in subsection

(c), a landlord may not engage in conduct described in

subsection (b) if the landlord's purpose is to retaliate against

a tenant who does any of the following:

(1) complains to a governmental agency responsible for

enforcement of a building, housing, fire or health code or

other law, alleging a violation:

(i) applicable to the premises; and

(ii) materially affecting the health or safety of

the tenant or an immediate family member;

(2) complains to a governmental agency responsible for

enforcement of laws prohibiting discrimination in rental

housing;

(3) complains to the landlord of noncompliance with the

20180HB2685PN4213 - 57 -

lease or section 1302 (relating to tenant may make repairs to

remedy noncompliance at landlord's expense);

(4) organizes or becomes a member of a tenant's union or

similar organization;

(5) exercises or attempts to exercise a right or remedy

under the lease, this subpart or law other than this subpart;

(6) pursues an action or administrative remedy against

the landlord or testified against the landlord in court or an

administrative proceeding.

(b) Conduct.--Conduct which may be retaliatory under

subsection (a) includes doing or threatening to do any of the

following:

(1) Increasing rent or fees.

(2) Decreasing services.

(3) Increasing the tenant's obligations.

(4) Imposing different rules on, or selectively

enforcing rules against, the tenant or an immediate family

member.

(5) Materially altering the terms of the lease.

(6) Bringing an action for possession on a ground other

than nonpayment of rent.

(7) Refusing to renew a tenancy for a fixed term under a

lease containing a renewal option which is exercisable at the

sole discretion of the tenant.

(8) Terminating a periodic tenancy.

(9) Committing a criminal act against the tenant, an

immediate family member or a guest.

under subsection (a) if:

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(1) the violation of which the tenant complains under

subsection (a)(1) or (2) was caused primarily by the tenant,

an immediate family member or a guest;

(2) the tenant's conduct described in subsection (a) was

in an unreasonable manner or at an unreasonable time or was

repeated in a manner harassing the landlord;

(3) the tenant was in default in the payment of rent at

the time notice of the action described in subsection (b)(6)

was sent;

(4) the tenant, an immediate family member or a guest

engaged in conduct which threatened the health or safety of

another tenant on the premises;

(5) the tenant, an immediate family member or a guest

engaged in a criminal act;

(6) the landlord is seeking to recover possession based

on a notice to terminate the lease, and the notice was given

to the tenant before the tenant engaged in conduct described

in subsection (a); or

(7) the landlord is complying or complied with a

building, housing, fire or health code or other law by making

a required repair, alteration, remodeling or demolition,

which effectively deprives the tenant of the use and

enjoyment of the premises.

§ 1902. Tenant remedies for retaliatory conduct.

(a) Defense and counterclaim.--If a landlord violates

section 1901 (relating to retaliation prohibited), all of the

following apply:

(1) The tenant has a defense against an action for

possession.

(2) The tenant may recover possession or terminate the

20180HB2685PN4213 - 59 -

lease.

(3) The tenant may recover the greater of:

(i) three times the periodic rent; or

(ii) three times the actual damages.

(b) Return of security deposit and unearned rent.--If a

tenant terminates a lease under subsection (a)(2), the landlord

shall return any security deposit and unearned rent to which the

tenant is entitled under section 20B04 (relating to disposition

of security deposit and unearned rent on termination of lease).

a right under this section does not release the landlord from

liability under section 1402 (relating to noncompliance by

landlord; generally).

§ 1903. Presumption of retaliatory conduct.

(a) Establishment.--Except as set forth in subsection (b),

evidence that a tenant engaged in conduct described in section

1901(a) (relating to retaliation prohibited) within six months

before the landlord's alleged retaliatory conduct creates a

rebuttable presumption that the purpose of the landlord's

conduct was retaliation.

(b) Exception.--A presumption does not arise under

subsection (a) if the tenant engaged in conduct described in

section 1901(a) after the landlord gave the tenant notice of the

landlord's intent to engage in conduct described in section

1901(b)(1), (2), (3), (7) or (8).

presumption under subsection (a) by a preponderance of evidence

showing that the landlord:

(1) had sufficient justification for engaging in the

conduct which created the presumption; and

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(2) would have engaged in the conduct in the same manner

and at the same time whether or not the tenant engaged in

conduct described in section 1901(a).

§ 1904. Landlord remedies for bad faith action of tenant.

If a tenant engages in conduct described in section 1901(a)

(1) or (5) (relating to retaliation prohibited) knowing there is

no factual or legal basis for the conduct, the landlord may

recover actual damages and the court may award the landlord up

to three times the periodic rent.

CHAPTER 20

DISPOSITION OF TENANT PERSONAL PROPERTY

Sec.

2001. Disposition of tenant personal property on termination or

abandonment.

2002. Removal of personal property of deceased tenant by tenant

representative.

2003. Disposition of personal property of deceased tenant

without tenant representative.

§ 2001. Disposition of tenant personal property on termination

or abandonment.

(a) Relinquishment.--For purposes of this chapter,

possession of a dwelling unit is relinquished to the landlord

when the tenant:

(1) vacates the unit at the termination of the tenancy;

(2) abandons the unit under section 1604 (relating to

abandonment; remedy after termination).

(b) Disposition.--If personal property remains on the

premises after possession of a dwelling unit is relinquished

under subsection (a) and if the landlord and tenant do not agree

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otherwise at the time of relinquishment, except as set forth in

subsection (g) or (i), the landlord shall:

(1) subject to subsection (c), give the tenant notice in

a record of the tenant's right to retrieve the property; and

(2) leave the property in the unit or store the property

on the premises or in another place of safekeeping and

exercise reasonable care in moving or storing the property.

(1) be posted at the dwelling unit;

(2) be sent to:

(i) the forwarding address the tenant provided to

the landlord;

(ii) the address provided under section 1109

(relating to required disclosures by tenant); or

(iii) if no address is provided, the address of the

unit;

(3) inform the tenant of the right to contact the

landlord to claim the property within the period specified in

subsection (d), subject to payment of the landlord's

inventorying, moving and storage costs; and

(4) provide a telephone number, electronic-mail address,

or mailing address at which the landlord may be contacted.

(d) Tenant retrieval.--If the tenant contacts the landlord

to claim personal property not later than eight days after the

landlord gives notice under subsection (b)(1), the landlord

shall permit the tenant to retrieve personal property not later

than:

(1) five days after the date of contact; or

(2) within a longer period to which the parties agree.

(e) Costs.--Except as set forth in subsection (i), the

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landlord may require the tenant to pay reasonable inventorying,

moving and storage costs before retrieving personal property

under subsection (d).

(f) Health and safety.--This section does not prohibit the

landlord from immediately:

(1) disposing of perishable food, hazardous material,

garbage and trash; or

(2) transferring an animal to an animal-control officer,

humane society or other person willing to care for the

animal.

(g) Deemed abandonment.--Except as set forth in subsection

(i), unless the landlord and tenant otherwise agree, if the

tenant fails to contact the landlord or retrieve personal

property under subsection (d), the property is deemed abandoned

and:

(1) if a sale is economically feasible, the landlord

shall:

(i) sell the property; and

(ii) after deducting the reasonable cost of

inventorying, moving, storing and disposing of the

property, treat the proceeds as part of the tenant's

security deposit; or

(2) if a sale is not economically feasible, the landlord

may dispose of the property in any manner the landlord

considers appropriate.

(h) Immunity.--A landlord that complies with this section is

not liable to the tenant or another person for a claim arising

from removal of personal property from the premises.

(i) Court order.--

(1) A landlord that recovers possession of a dwelling

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unit under a court order is not required to comply with this

section.

(2) If a landlord that recovers possession under a court

order complies with this section, the landlord is not liable

to the tenant or another person for a claim arising from

removal of personal property from the premises.

§ 2002. Removal of personal property of deceased tenant by

tenant representative.

(a) Notice and access.--If a landlord knows that a tenant

who was the sole occupant of a dwelling unit has died, the

landlord:

(1) shall notify a tenant representative of the death;

(2) shall give the representative access to the premises

at a reasonable time to remove personal property from the

unit and other personal property of the tenant elsewhere on

the premises;

(3) may require the representative to prepare and sign

an inventory of the property being removed; and

(4) shall pay the representative the deceased tenant's

security deposit and unearned rent to which the tenant

otherwise would have been entitled under section 20B04

(relating to disposition of security deposit and unearned

rent on termination of lease).

(b) Acceptance of authority.--A contact person or heir

accepts appointment as a tenant representative by exercising

authority under this subpart or other assertion or conduct

indicating acceptance.

person or heir to act under this subpart terminates when the

contact person or heir, or the landlord, knows that a personal

20180HB2685PN4213 - 64 -

representative has been appointed for the deceased tenant's

estate.

(d) Immunity.--A landlord that complies with this section is

not liable to the tenant's estate or another person for unearned

rent, a security deposit or a claim arising from removal of

personal property from the premises.

(e) Damages.--A landlord that willfully violates subsection

(a) is liable to the estate of the deceased tenant for actual

damages.

(f) Additional rights.--In addition to the rights provided

in this section, a tenant representative has the deceased

tenant's rights and responsibilities under section 2001

(relating to disposition of tenant personal property on

termination or abandonment).

§ 2003. Disposition of personal property of deceased tenant

without tenant representative.

(a) Landlord obligations.--If the landlord knows of the

death of a tenant who, at the time of death, was the sole

occupant of a dwelling unit and if the landlord terminates the

lease under section 1803(d) (relating to death of tenant), all

of the following apply:

(1) The landlord shall mail notice to:

(i) the tenant at:

(A) the tenant's last-known address; or

(B) an address of the tenant known to the

landlord; and

(ii) a person the tenant has told the landlord to

contact in the case of an emergency.

(2) The notice under paragraph (1) shall state:

(i) the name of the tenant and address of the

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dwelling unit;

(ii) the approximate date of the tenant's death;

(iii) that, if the personal property on the premises

is not claimed within 60 days after the date the notice

was sent, the property is subject to disposal by the

landlord; and

(iv) the landlord's name, telephone number and

address or electronic-mail address at which the landlord

may be contacted to claim the property.

(3) With the exercise of reasonable care, may leave the

property in the dwelling unit or inventory the property and

store it on the premises or in another place of safekeeping.

(b) Retrieval.--If a tenant representative is subsequently

identified, the representative may retrieve the deceased

tenant's personal property from the landlord not later than 60

days after the notice under subsection (a). The landlord may

require the representative to pay the reasonable inventorying,

moving and storage costs before retrieving the property.

not retrieved within the time specified in subsection (b), the

landlord may dispose of the property in compliance with section

2001(g) (relating to disposition of tenant personal property on

termination or abandonment).

(d) Immunity.--A landlord that complies with this section is

not liable to the tenant's estate or another person for a claim

arising from removal of personal property from the premises.

CHAPTER 20A

SPECIAL TENANT REMEDIES

Subchapter

A. Effect of Domestic Violence, Stalking or Sexual Assault

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B. Senior Citizens and Individuals with Disabilities

SUBCHAPTER A

EFFECT OF DOMESTIC VIOLENCE,

STALKING OR SEXUAL ASSAULT

Sec.

20A01. Definitions.

20A02. Change of lock or other security device.

20A03. Early release or termination of lease.

20A04. Landlord obligations on early release or termination.

20A05. Verification.

20A06. Effect of court order to vacate.

20A07. Landlord conduct with respect to victim.

§ 20A01. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Attesting third party." A law enforcement official,

licensed health-care professional or victim advocate.

"Domestic violence." The occurrence of one or more of the

following acts between family or household members, sexual or

intimate partners or individuals who share biological

parenthood:

(1) Intentionally, knowingly or recklessly causing, or

attempting to cause, bodily injury, serious bodily injury or

sexual assault.

(2) Placing another in reasonable fear of imminent

serious bodily harm.

(3) Violating 18 Pa.C.S. § 2903 (relating to false

imprisonment).

"Domestic violence counselor/advocate." As defined in 23

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Pa.C.S. § 6102(a) (relating to definitions).

"Perpetrator." An individual who commits, or is alleged to

have committed, an act of domestic violence, sexual assault or

stalking on a tenant or an immediate family member.

"Sexual assault." Conduct that constitutes an offense under

any of the following provisions of 18 Pa.C.S.:

(1) Chapter 31 (relating to sexual offenses), except 18

Pa.C.S. §§ 3129 (relating to sexual intercourse with animal)

and 3130 (relating to conduct relating to sex offenders).

(2) Section 4304 (relating to endangering welfare of

children) if the offense involved sexual contact with the

victim.

(3) Section 6301(a)(1)(ii) (relating to corruption of

minors).

(4) Section 6318 (relating to unlawful contact with

minor).

(5) Section 6320 (relating to sexual exploitation of

children).

"Sexual assault counselor." As defined in 42 Pa.C.S. §

5945.1(a) (relating to confidential communications with sexual

assault counselors).

"Stalking." Conduct that constitutes an offense under 18

Pa.C.S. § 2709.1(a) (relating to stalking).

"Victim." An individual who is the subject of an act of

domestic violence, sexual assault or stalking.

"Victim advocate." A sexual assault counselor or domestic

violence counselor/advocate.

§ 20A02. Change of lock or other security device.

(a) Right of tenant.--Except as set forth in subsection (c):

(1) This subsection provides a remedy if:

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(i) a tenant or an immediate family member is a

victim; and

(ii) the tenant has a reasonable fear that the

perpetrator or an individual acting on the perpetrator's

behalf may attempt to gain access to the dwelling unit

leased by the tenant.

(2) If paragraph (1) applies, the tenant:

(i) without the landlord's consent, may, subject to

subsection (b), cause the locks or other security devices

for the unit to be changed or rekeyed in a professional

manner; and

(ii) shall give a key or other means of access for

the new locks or security devices to the landlord and any

other tenant, other than the perpetrator, who is a party

to the lease.

(b) Right of landlord.--If locks or other security devices

are changed or rekeyed under subsection (a), the landlord may

subsequently change or rekey them, at the tenant's expense, to

ensure compatibility with the landlord's master key or other

means of access or to accommodate the landlord's reasonable

commercial needs.

locks or other security devices may not be changed or rekeyed

under subsection (a) unless:

(1) a court order, other than an ex parte order

expressly:

(i) requires that the perpetrator vacate the

dwelling unit; or

(ii) restrains the perpetrator from contact with the

tenant or immediate family member; and

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(2) a copy of the order is given to the landlord.

(d) Perpetrators.--A perpetrator may not recover actual

damages or other relief against a landlord or tenant resulting

from the exercise of a right by the landlord or tenant under

this section.

§ 20A03. Early release or termination of lease.

(a) Procedure.--Subject to subsection (e), if a victim is a

tenant or an immediate family member and has a reasonable fear

of suffering a further act of domestic violence, sexual assault

or stalking if the victim continues to reside in the dwelling

unit, the tenant is released from the lease if all of the

following apply:

(1) The tenant gives the landlord a notice which

complies with subsection (b).

(2) The tenant gives the landlord:

(i) a copy of a valid, outstanding court order which

restrains a perpetrator from contact with the tenant or

an immediate family member;

(ii) copies of police reports, medical records or

court documents relating to the tenant's or an immediate

family member's victimization by domestic violence,

sexual assault or stalking;

(iii) evidence that the perpetrator has been

convicted of domestic violence, sexual assault or

stalking; or

(iv) a verification which complies with section

20A05 (relating to verification).

(b) Notice.--A notice under subsection (a)(1) must:

(1) be in a record signed by the tenant;

(2) state the tenant's intent to be released from the

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lease on:

(i) a date which is at least 30 days from the date

of the notice; or

(ii) if the perpetrator is a cotenant of the

dwelling unit, an earlier date;

(3) state the facts giving rise to the fear of suffering

a further act of domestic violence, sexual assault or

stalking; and

(4) be given to the landlord not later than 90 days

after the most recent act of domestic violence, sexual

assault or stalking.

dwelling unit:

(1) a release under subsection (a) terminates the lease

on the date specified in the notice under subsection (b) if

the tenant vacates the dwelling unit on or before that date;

(2) the tenant is not liable for rent or other

obligations accruing after the lease terminates;

(3) the termination shall not affect the tenant's

obligations under the lease accruing prior to the date of

termination; and

(4) the landlord shall return to the tenant any security

deposit and unearned rent to which the tenant is otherwise

entitled under section 20B04 (relating to disposition of

security deposit and unearned rent on termination of lease).

(d) Multiple tenants.--If there are multiple tenants of the

dwelling unit:

(1) the tenant who gives notice under subsection (a)(1)

is released from the lease as of the date specified in the

notice if the tenant vacates the dwelling unit on or before

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the specified date;

(2) the release of one tenant under paragraph (1) does

not terminate the lease with respect to other tenants;

(3) the landlord may require the remaining tenants to

provide evidence reasonably satisfactory to the landlord that

the remaining tenants will have the financial capability to

continue to meet their obligations under the lease ;

(4) the landlord is not required to return to the tenant

released from the lease or a remaining tenant any security

deposit or unearned rent to which the tenant is otherwise

entitled under section 20B04 until the lease terminates with

respect to all tenants; and

(5) the landlord and the remaining tenants may enter

into a new lease upon mutually satisfactory terms.

(e) Limitation.--The following shall apply:

(1) A tenant who is a perpetrator may not seek

termination of or release from a lease under this section.

(2) A perpetrator is not entitled to damages resulting

from a good faith exercise of a right granted to a tenant or

a landlord under this subchapter.

(f) Tenant's forwarding address.-If the tenant is entitled

to the return of a security deposit or unearned rent under

subsection (c)(4), the tenant may provide a confidential address

to the landlord. The landlord shall maintain the confidentiality

of the address if the tenant has advised the landlord that the

address is confidential.

(g) Construction.--The provisions of this section with

respect to the termination of or release from a lease by a

tenant shall be self-effectuating without any further action by

the tenant or the landlord. If a tenant who has complied with

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subsections (a) and (b) prevails in a subsequent action by a

landlord to recover all or any part of rent or other sums

accruing under a lease after the effective date of the release

or termination or for damages in connection with the release or

termination, the tenant shall be entitled to recover legal fees

and court costs incurred in connection with defense of the

action.

§ 20A04. Landlord obligations on early release or termination.

If a tenant is released from a lease under section 20A03

(relating to early release or termination of lease), the

landlord:

(1) may not assess a fee or penalty against the tenant

solely for exercising a right granted under this subchapter;

and

(2) may not disclose information required to be reported

to the landlord under section 20A03 unless:

(i) the tenant provides specific, time-limited and

contemporaneous consent to the disclosure in a record

signed by the tenant; or

(ii) the information is required to be disclosed by

a court order or law other than this subpart.

§ 20A05. Verification.

(a) Form.--A verification under section 20A03(a)(2)(iv)

(relating to early release or termination of lease) must include

all of the following:

(1) From the tenant:

(i) the tenant's name and the address of the

dwelling unit;

(ii) the approximate date on which the act of

domestic violence, sexual assault or stalking occurred,

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including the most recent date;

(iii) a statement that, because of an act of

domestic violence, sexual assault or stalking, the tenant

or an immediate family member has a reasonable fear that

the tenant or immediate family member will suffer a

further act of domestic violence, sexual assault or

stalking by continued residence in the unit;

(iv) the proposed date for the termination of the

lease or the release of the tenant from the lease; and

(v) a statement that the tenant understands that the

statements could be used in court and that the tenant

could be liable for perjury as well as the damages

provided in subsection (b) for knowingly making false

statements in the verification.

(2) From an attesting third party:

(i) the name, business address and business

telephone number of the party;

(ii) the capacity in which the party received the

information regarding the act of domestic violence,

sexual assault or stalking;

(iii) a statement that the party has read the

tenant's verification and been advised by the tenant that

the tenant or an immediate family member:

(A) is the victim of the act of domestic

violence, sexual assault or stalking; and

(B) has a reasonable fear that the tenant or an

immediate family member will suffer a further act of

domestic violence, sexual assault or stalking by

continued residence in the dwelling unit; and

(iv) a statement that the party, based on the

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tenant's verification:

(A) believes the tenant;

(B) understands that the verification may be

used as the ground for releasing the tenant from a

lease or terminating the tenant's interest under the

lease; and

in court and the party could be liable for perjury as

well as damages to the landlord for knowingly making

false statements in the verification.

(b) False statements.--If a tenant submits to a landlord a

verification containing false statements made by the tenant or

an attesting third party that the tenant knew to be false, the

court may award the landlord an amount equal to twice the

landlord's actual damages, and costs and reasonable attorney

fees.

§ 20A06. Effect of court order to vacate.

(a) Landlords and tenants.--Upon issuance of a court order,

other than an ex parte order requiring a perpetrator to vacate a

dwelling unit, neither the landlord nor tenant has an obligation

to:

(1) allow the perpetrator access to the unit unless

accompanied by a law enforcement officer; or

(2) provide the perpetrator with any means of access to

the unit.

(b) Interest of perpetrator.--If the perpetrator is a party

to the lease, on issuance of the court order under subsection

(a):

(1) the perpetrator's interest under the lease

terminates; and

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(2) the landlord and any remaining tenant may recover

from the perpetrator actual damages resulting from the

termination.

(1) Termination of a perpetrator's interest under

subsection (b) does not terminate the interest of any other

tenant under the lease or alter the obligations of any other

tenant under the lease.

(2) The landlord may require the remaining tenants to

provide evidence reasonably satisfactory to the landlord that

the remaining tenants will have the financial capability to

continue to meet their obligations under the lease.

(3) The landlord and the remaining tenants may enter

into a new lease upon mutually satisfactory terms.

(d) Return of security deposit and unearned rent.--On

termination under subsection (b) of the interest of a

perpetrator who was the only tenant on the lease, the landlord

shall return the security deposit and unearned rent to which the

perpetrator is entitled under section 20B04 (relating to

disposition of security deposit and unearned rent on termination

of lease). The landlord's obligation under this subsection shall

be subject to the landlord's claim for rent and damages against

the perpetrator as a result of the termination or for any other

claim the landlord may have with respect to the security deposit

or unearned rent under the lease or this subpart.

§ 20A07. Landlord conduct with respect to victim.

(a) Retaliation.--A landlord may not do or threaten to do an

act under section 1901(b) (relating to retaliation prohibited)

if the landlord's purpose for engaging in the conduct is that:

(1) the tenant or an immediate family member of the

20180HB2685PN4213 - 76 -

tenant is or has been a victim;

(2) an act of domestic violence, sexual assault or

stalking committed against the tenant or an immediate family

member resulted in a violation of the lease or this subpart

by the tenant;

(3) criminal activity relating to domestic violence,

sexual assault or stalking occurred against the tenant or an

immediate family member; or

(4) a police or emergency response occurred as a result

of a good faith complaint of an act of domestic violence,

sexual assault or stalking against the tenant or an immediate

family member.

(b) Refusal to rent.--A landlord may not refuse or threaten

to refuse to rent a dwelling unit if the landlord's purpose for

the refusal or threat is that the individual seeking to enter

into a lease with the landlord or the individual's immediate

family member is or has been the victim of an act of domestic

violence, sexual assault or stalking.

this section, all of the following apply:

(1) The tenant or prospective tenant may recover the

greater of:

(i) three times the periodic rent; or

(ii) three times actual damages.

(2) The tenant may:

(i) terminate the lease;

(ii) defend an action for possession on the ground

that the landlord violated this section; or

(iii) obtain appropriate injunctive relief.

(3) The prospective tenant may obtain appropriate

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injunctive relief.

SUBCHAPTER B

SENIOR CITIZENS AND INDIVIDUALS

WITH DISABILITIES

Sec.

20A21. Definitions.

20A22. Early release or termination of lease.

§ 20A21. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Assisted living residence." An assisted living residence as

defined in section 1001 of the act of June 13, 1967 (P.L.31,

No.21), known as the Human Services Code.

"Continuing-care provider." A facility licensed by the

Insurance Department under the act of June 18, 1984 (P.L.391,

No.82), known as the Continuing-Care Provider Registration and

Disclosure Act.

"Disability." A physical or mental impairment that

substantially limits one or more major life activities.

"Home health care agency." Any of the following as defined

in section 802.1 of the act of July 19, 1979 (P.L.130, No.48),

known as the Health Care Facilities Act:

(1) A home health care agency.

(2) A long-term care nursing facility.

(3) A hospice.

(4) A home care agency.

(5) A home care registry.

"Licensed long-term care service provider." The term shall

include:

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(1) An assisted living residence.

(2) A continuing-care provider.

(3) A LIFE program.

(4) A long-term care nursing facility.

(5) A personal care home.

"LIFE program." The program of medical and supportive

services known as Living Independently for Elders under 42 CFR

Pt. 460 (relating to Programs of All-Inclusive Care for the

Elderly (PACE)).

"Long-term care nursing facility." As defined in section

802.1 of the Health Care Facilities Act.

"Older adult daily living center." A facility licensed by

the Department of Aging to provide services under the act of

July 11, 1990 (P.L.499, No.118), known as the Older Adult Daily

Living Centers Licensing Act.

"Personal care home." As defined in section 1001 of the

Human Services Code.

"Senior citizen." A tenant who is 60 years of age or older

or will attain that age during the term of a lease to which the

tenant is a party.

§ 20A22. Early release or termination of lease.

(a) Procedure.--Notwithstanding any other provision of this

subpart or other law, a tenant is released from the lease if all

of the following apply:

(1) the tenant:

(i) has a disability or is a senior citizen; and

(ii) is either:

(A) awaiting admission and subsequently moves to

a licensed long-term care service provider; or

(B) needs to move and subsequently moves to

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another individual's residence for the express

purpose of receiving care from a home health care

agency or an older adult daily living center for a

period of no less than six months;

(2) the tenant gives the landlord a notice which

complies with subsection (b); and

(3) the tenant gives the landlord:

(i) certified documentation signed by a licensed

physician indicating that the tenant, due to medical

reasons, is unable to continue to live independently in

the dwelling unit and requires admission to a licensed

long-term care service provider or needs to receive care

from a home health care agency or an older adult daily

living center for a period of no less than six months; or

(ii) a notarized statement from another individual

attesting to the fact that the tenant will be moving into

the individual's residence to receive care from a home

health care agency or an older adult daily living center

for a period of no less than six months.

(b) Notice.--A notice under subsection (a)(2) must:

(1) be in a record signed by the tenant;

(2) state the tenant's intent to be released from the

lease on a date which is at least 60 days from the date of

the notice; and

(3) state the reason the tenant is entitled to be

released from the lease under subsection (a)(1).

dwelling unit:

(1) a release under subsection (a) terminates the lease

on the date specified in the notice under subsection (b) if

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the tenant vacates the dwelling unit on or before that date;

(2) the tenant is not liable for rent or other

obligations accruing after the lease terminates;

(3) the termination shall not affect the tenant's

obligations under the lease accruing prior to the date of

termination; and

(4) the landlord shall return to the tenant any security

deposit and unearned rent to which the tenant is otherwise

entitled under section 20B04 (relating to disposition of

security deposit and unearned rent on termination of lease).

(d) Multiple tenants.--If there are multiple tenants of the

dwelling unit:

(1) the tenant who gives notice under subsection (a)(1)

is released from the lease as of the date specified in the

notice if the tenant vacates the dwelling unit on or before

the specified date;

(2) the release of one tenant under paragraph (1) does

not terminate the lease with respect to other tenants;

(3) the landlord may require the remaining tenants to

provide evidence reasonably satisfactory to the landlord that

the remaining tenants will have the financial capability to

continue to meet their obligations under the lease ;

(4) the landlord is not required to return to the tenant

released from the lease or a remaining tenant any security

deposit or unearned rent to which the tenant is otherwise

entitled under section 20B04 until the lease terminates with

respect to all tenants; and

(5) the landlord and the remaining tenants may enter

into a new lease upon mutually satisfactory terms.

(e) Tenant's forwarding address.-If the tenant is entitled

20180HB2685PN4213 - 81 -

to the return of a security deposit or unearned rent under

subsection (c)(4), the tenant may provide an address to the

landlord.

(f) Landlord obligation.--If a tenant is released from a

lease under this section, the landlord may not assess a fee or

penalty against the tenant solely for exercising the right

granted under this section.

(g) Tenant obligation.--If a tenant submits to a landlord a

document under this section containing false statements made by

the tenant or a third party that the tenant knew to be false,

the court may award the landlord an amount equal to twice the

landlord's actual damages and costs and reasonable attorney

fees.

(h) Construction.--The provisions of this section with

respect to the termination of or release from a lease by a

tenant shall be self-effectuating without any further action by

the tenant or the landlord. If a tenant who has complied with

subsections (a) and (b) prevails in a subsequent action by a

landlord to recover all or any part of rent or other sums

accruing under a lease after the effective date of the release

or termination or for damages in connection with the release or

termination, the tenant shall be entitled to recover legal fees

and court costs incurred in connection with defense of the

action.

CHAPTER 20B

SECURITY DEPOSITS, FEES AND UNEARNED RENT

Sec.

20B01. Payment required at the commencement of term of lease.

20B02. Landlord, tenant and third-party interests in security

deposit.

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20B03. Safekeeping of security deposit.

20B04. Disposition of security deposit and unearned rent on

termination of lease.

20B05. Disposition of security deposit on termination of

landlord interest in premises.

§ 20B01. Payment required at the commencement of term of lease.

(a) Prohibition.--Subject to subsection (b) and except as

set forth in subsection (c), a landlord may not require the

tenant to pay or agree to pay a security deposit or prepaid rent

in an amount which exceeds two times the periodic rent.

(b) First month.--The limit under subsection (a) may not

include the first month's rent or fees.

law other than this subpart, if a tenant keeps a pet on the

premises or is permitted by the lease to make alterations to the

premises, the landlord may require the tenant to pay an

additional security deposit in an amount commensurate with the

additional risk of damage to the premises.

§ 20B02. Landlord, tenant and third-party interests in security

deposit.

(a) Landlord.--All of the following apply to a landlord's

interest in a security deposit:

(1) The landlord's interest is limited to a security

interest.

(2) Notwithstanding law other than this subpart, the

landlord's security interest is effective against, and has

priority over, each creditor of and transferee from the

tenant.

(3) Subject to subsection (c), a creditor of and

transferee from the landlord can acquire no greater interest

20180HB2685PN4213 - 83 -

in a security deposit than the interest of the landlord.

(b) Security deposit.--All of the following apply to a

tenant's interest in a security deposit:

(1) Notwithstanding law other than this subpart, the

tenant's interest has priority over any right of setoff the

bank where the deposit is maintained may have for obligations

owed to the bank other than charges normally associated with

the bank's maintenance of the account where the deposit is

maintained.

(2) The tenant's interest is not adversely affected if

the deposit is commingled with the deposits of other tenants.

(3) The effect of commingling other than that allowed in

paragraph (2) is determined by law other than this subpart.

abrogate generally applicable rules of law enabling a transferee

of funds to take the funds free of competing claims.

§ 20B03. Safekeeping of security deposit.

(a) Landlord obligations.--With respect to funds

constituting a security deposit, all of the following apply:

(1) The landlord shall maintain the ability to identify

the funds:

(i) by holding the funds in a bank account:

(A) which is used exclusively for security

deposits;

(B) which is maintained with a bank doing

business in this Commonwealth; and

contains security deposits; and

(ii) by maintaining records which indicate at all

times the amount of the funds attributable to each tenant

20180HB2685PN4213 - 84 -

whose funds are being held in the account.

(2) The landlord may commingle the funds received from

other tenants as security deposits in the same bank account.

(3) The landlord may not commingle other funds,

including the landlord's personal or business funds, in the

account.

(b) Damages.--If the landlord fails to comply with

subsection (a), the tenant may recover the greater of:

(1) actual damages; or

(2) the periodic rent.

funds constituting a security deposit has no duty to ensure that

the landlord properly applies the funds.

(d) Interest.--Unless a lease provides otherwise, a landlord

is not required to deposit a security deposit into an interest-

bearing account or to pay the tenant interest on the deposit.

§ 20B04. Disposition of security deposit and unearned rent on

termination of lease.

(a) Refund.--After termination of a lease, the tenant is

entitled to the amount by which the security deposit and any

unearned rent exceeds the amount the landlord is owed under the

lease or this subpart.

(b) Landlord.--Not later than 30 days after a lease

terminates and the tenant vacates the premises, the landlord

shall determine, subject to subsection (c), the amount the

landlord believes the tenant is entitled to under subsection (a)

and:

(1) tender the amount to the tenant or, if the tenant

has died, the tenant representative;

(2) send the amount by first class mail, postage

20180HB2685PN4213 - 85 -

prepaid, to:

(i) an address provided by the tenant or, if the

tenant has died, the tenant representative; or

(ii) if there is no address under subparagraph (i),

to the relevant address specified in section 1109

(relating to required disclosures by tenant); or

(3) cause a funds transfer in the amount to be made,

with the cost of transfer paid, to a bank account designated

by the tenant or, if the tenant has died, the tenant

representative.

less than the sum of the tenant's security deposit and any

unearned rent, the landlord shall provide the tenant or tenant

representative, within the period specified under subsection

(b), a record specifying each item of property damage or other

unfulfilled obligation of the tenant to which the security

deposit or unearned rent was applied and the amount applied to

the item.

(d) Adjustment.--If the amount to which the tenant is

entitled under subsection (a) is greater than the amount paid to

the tenant or tenant representative, the tenant or tenant

representative may recover the difference.

(e) Damages.--If the landlord fails to comply with

subsection (b) or (c), all of the following apply:

(1) Except as set forth in paragraph (2), the court may

award the tenant or tenant representative, in addition to any

amount recoverable under subsection (d), the greater of:

(i) $250; or

(ii) two times the amount recoverable under

subsection (d).

20180HB2685PN4213 - 86 -

(2) Paragraph (1) does not apply if the landlord's only

noncompliance was the failure to comply with subsection (b)

(2) as a result of the inadvertent failure to:

(i) pay the cost of postage or transmission; or

(ii) use the proper address.

(f) Tenant obligations.--If the security deposit and

unearned rent held by a landlord are insufficient to satisfy the

tenant's obligations under the lease and this subpart, the

landlord may recover from the tenant the amount necessary to

satisfy those obligations.

§ 20B05. Disposition of security deposit on termination of

landlord interest in premises.

(a) Landlords.--If a landlord's interest in the premises

terminates, the landlord:

(1) if the lease continues, not later than 30 days after

termination of the landlord's interest, shall:

(i) transfer to the person succeeding the landlord's

interest in the premises any security deposit being held

by the landlord; and

(ii) notify the tenant in a record of:

(A) the successor's name and address;

(B) the amount transferred; and

security deposit; or

(2) if the lease terminates as a result of the

termination of the landlord's interest, comply with section

20B04 (relating to disposition of security deposit and

unearned rent on termination of lease).

(b) Personal representatives.--

(1) If the landlord dies before the termination of the

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lease, the personal representative of the landlord's estate

becomes the landlord until the premises are distributed to

the successor.

(2) If the premises are distributed to the successor

before the termination of the lease:

(i) the security deposit held by the representative

shall be transferred to the successor; and

(ii) the representative shall notify the tenant in a

record of:

(A) the successor's name and address;

(B) the amount transferred to the successor; and

security deposit.

(3) If the premises are not distributed to the successor

before the termination of the lease, the representative shall

comply with section 20B04.

representative of the landlord's estate complies with subsection

(a) or (b), the landlord and the estate have no further

liability with respect to the security deposit.

(d) Succession.--Except as set forth in subsection (e), a

successor to a landlord's interest in the premises has all

rights and obligations of the landlord under this subpart with

respect to any security deposit held by the predecessor landlord

which has not been returned to the tenant, regardless of whether

the security deposit was transferred or distributed to the

successor.

(e) Exception.--If a landlord's interest is terminated by

foreclosure, the successor's liability under subsection (d) is

limited to the security deposit received by the successor.

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CHAPTER 20C

MISCELLANEOUS PROVISIONS

Sec.

20C01. Uniformity of application and construction.

20C02. Relation to Electronic Signatures in Global and National

Commerce Act.

§ 20C01. Uniformity of application and construction.

In applying and construing this uniform act, consideration

must be given to the need to promote uniformity of the law with

respect to its subject matter among states that enact it.

§ 20C02. Relation to Electronic Signatures in Global and

National Commerce Act.

To the extent permitted by section 102 of the Electronic

Signatures in Global and National Commerce Act (Public Law 106-

229, 15 U.S.C. § 7002), this chapter may supersede provisions of

that act.

Section 5. Part II of Title 68 is amended by adding a

subpart heading to read:

SUBPART A.1

FINANCIAL MATTERS

Section 6. Sections 3410(d), 4319(b), 4412(d) and 5410(d) of

Title 68 are amended to read:

§ 3410. Condominiums containing conversion buildings.

* * *

(d) Notice to vacate.--If a conversion notice specifies a

date by which a unit or proposed unit must be vacated, the

conversion notice also constitutes a notice of termination of

the tenant's lease, subject to revocation in accordance with

subsection (i), and a notice to quit specified by [section 501

of the act of April 6, 1951 (P.L.69, No.20), known as The

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Landlord and Tenant Act of 1951] section 1604(b) (relating to

abandonment; remedy after termination).

* * *

§ 4319. Termination of cooperative interest.

* * *

(b) Enforcement of proprietary lease.--The association shall

have the right, at its option, to enforce the provisions of the

proprietary lease, including termination of the cooperative

interest for default thereunder, under [the provisions of the

act of April 6, 1951 (P.L.69, No.20), known as The Landlord and

Tenant Act of 1951, as amended,] Subpart A (relating to

residential landlord and tenant) or by any other means available

to it at law or in equity. In any such case, the court shall

have the power to order judicial sale of the cooperative

interest. In the event the proprietary lessee appeals an adverse

decision in any court in which the association seeks to enforce

its rights, the appeal may be dismissed, upon motion of the

association, by the court in which the appeal is pending, if the

proprietary lessee has not paid all the lessee's common expense

assessments as they become due both prior to and during the

pendency of the appeal, subject to any final judicial

determination of the proprietary lessee's liability to make the

payments if that is an issue in the appeal.

§ 4412. Cooperatives containing conversion buildings.

* * *

(d) Notice to vacate.--If a conversion notice specifies a

date by which a unit or proposed unit must be vacated, the

conversion notice also constitutes a notice of termination of

the tenant's lease, subject to revocation in accordance with

subsection (k) and a notice to quit specified [by section 501 of

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the act of April 6, 1951 (P.L.69, No.20), known as The Landlord

and Tenant Act of 1951] under section 1604(b) (relating to

abandonment; remedy after termination).

* * *

§ 5410. Planned communities containing conversion buildings.

* * *

(d) Notice to vacate.--If a conversion notice specifies a

date by which a unit or proposed unit must be vacated, the

conversion notice also constitutes a notice of termination of

the tenant's lease, subject to revocation in accordance with

subsection (i), and a notice to quit specified [by section 501

of the act of April 6, 1951 (P.L.69, No.20), known as The

Landlord and Tenant Act of 1951] under section 1604(b) (relating

to abandonment; remedy after termination).

* * *

Section 7. This act shall apply as follows:

(1) The addition of 68 Pa.C.S. § 1603(b) does not apply

to a lien or security interest created or perfected before

the effective date of this paragraph.

(2) The addition of 68 Pa.C.S. Chs. 11 through 20C

applies to leases made or renewed on or after the effective

date of this paragraph.

Section 8. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of 68

Pa.C.S. Chs. 11 through 20C.

(2) The act of April 6, 1951 (P.L.69, No.20), known as

The Landlord and Tenant Act of 1951, is repealed.

Section 9. This act shall take effect in 60 days.

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