A00448
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
447
Session of
2015
INTRODUCED BY SAYLOR, MAJOR, SCHREIBER, CALTAGIRONE, COHEN,
D. COSTA, DIAMOND, GINGRICH, GODSHALL, HARHART, A. HARRIS,
HEFFLEY, HELM, JAMES, KORTZ, LONGIETTI, MILLARD, MURT,
O'NEILL, PICKETT, READSHAW, SCHLOSSBERG, THOMAS, TOOHIL,
WATSON AND PHILLIPS-HILL, FEBRUARY 11, 2015
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 31, 2015
AN ACT
Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
act relating to the rights, obligations and liabilities of
landlord and tenant and of parties dealing with them and
amending, revising, changing and consolidating the law
relating thereto," in recovery of possession, providing for
termination of lease due to death of a tenant; and, in
tenement buildings and multiple dwelling premises, providing
for eviction for unlawful discharge of firearm in occupied
structure.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 6, 1951 (P.L.69, No.20), known
as The Landlord and Tenant Act of 1951, is amended by adding a
section to read:
Section 1. The act of April 6, 1951 (P.L.69, No.20), known
as The Landlord and Tenant Act of 1951, is amended by adding
sections to read:
Section 514. Termination of Lease due to Death of Tenant.--
(a) Notwithstanding any other provision of this act or law, and
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if the deceased tenant is the sole tenant of the residential
unit, the executor or administrator of the estate of a tenant
who dies during the term of a residential lease shall have the
option to terminate the lease upon fourteen days' written notice
to the landlord on the later of:
(1) the last day of the SECOND calendar month that
immediately follows the calendar month in which the tenant died;
or
(2) upon surrender of the rental unit and removal of all of
the tenant's personal property.
(b) Nothing under this section shall be construed to relieve
the tenant's estate of liability for rent money or any other
debt incurred prior to the date of termination of the lease,
including DAMAGES TO THE PREMISES AND any expenses the landlord
may incur as a direct result of the tenant's death, except that
the tenant's estate shall not be liable for damages or any other
penalty for breach or inadequate notice as a result of
terminating a lease under subsection (a).
Section 506-A. Eviction for Unlawful Discharge of a Firearm
in an Occupied Structure.--(a) The conviction of a tenant for
unlawful discharge of a firearm in any portion of an occupied
structure in violation of 18 Pa.C.S. § 2707.1 (relating to
discharge of a firearm into an occupied structure) shall
constitute forfeiture of the lease for breach of its conditions
and shall be grounds for removal of the tenant and recovery of
possession by the landlord in accordance with section 501.
(b) Failure of the landlord to remove the tenant and recover
possession under subsection (a) shall not act as a waiver of the
landlord's rights with regard to the same or any other tenant
relating to any subsequent act or violation.
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(c) The term "occupied structure" shall have the meaning
given to it under 18 Pa.C.S. § 2707.1 and, for the purposes of
this section, shall include any portion of a single-family
dwelling, apartment, multiple dwelling premises or tenement
building.
Section 2. The addition of section 514 of the act shall
apply to leases entered into or extended on or after the
effective date of this section.
Section 3. This act shall take effect in 60 days.
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