H1714B3108A06791 SFL:JSL 04/28/14 #90 A06791

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 1714

Sponsor: REPRESENTATIVE THOMAS

Printer's No. 3108

 

1Amend Bill, page 1, line 6, by striking out the period after
2"property" and inserting

3; and providing for leasehold premises of service members
4regarding termination and for disposition of abandoned
5personal property of service member.

6Amend Bill, page 8, by inserting between lines 19 and 20

7(i) Notwithstanding any other provision of this section to
8the contrary, this section shall not apply to a tenant who is a
9service member or a dependent or immediate family member of a
10service member, if the service member, while in military
11service, receives military orders for reassignment or a
12permanent change of station to a location fifty or more miles
13from the location of the leasehold premises or to deploy with a
14military unit or as an individual in support of a military
15operation, for a period of at least ninety days.

16(j) As used in this section, the following words and phrases
17shall have the meanings given to them in this subsection:

18"Dependent." A spouse, domestic partner, child or stepchild
19of a service member.

20"Immediate family member." A spouse, domestic partner,
21mother, father, sister, brother, child or stepchild of a service
22member.

23"Military service." Active duty service with any branch of
24the United States Armed Forces or a reserve component of the
25armed forces, as well as training or education under the
26supervision of a branch of the United States Armed Forces
27preliminary to induction into military service for a period of
28not less than one hundred eighty days.

29"Reserve component." The United States Army Reserve, United
30States Navy Reserve, United States Marine Corps Reserve, United
31States Air Force Reserve, United States Coast Guard Reserve, the
32Pennsylvania National Guard and the Pennsylvania Air National
33Guard.

34"Service member." An individual who as a member of the
35United States Armed Forces or of a reserve component is the
36tenant of a leasehold premises.

37"United States Armed Forces" or "armed forces." The Army,

1Navy, Air Force, Marine Corps or Coast Guard as defined in 10
2U.S.C. § 101 (relating to definitions).

3Section 2. The act is amended by adding sections to read:

4Section 505.2. Leasehold Premises of Service Members
5Regarding Termination.--(a) Notwithstanding the provisions of
6section 505.1 or any other provision of law or regulation to the
7contrary, a service member who receives military orders for
8reassignment or a permanent change of station to a location
9fifty or more miles from the location of the leasehold premises
10or to deploy with a military unit or as an individual in support
11of a military operation may terminate a rental agreement for a
12leasehold premise by providing the landlord with a written
13notice of lease termination to be effective at least thirty days
14after one of the following:

15(1) The date stated in the notice of lease termination.

16(2) The date of the landlord's receipt of the notice of
17lease termination.

18(3) The service member's entry into military service.

19(4) The date of the service member's military orders.

20(b) Except as herein provided, a service member's
21termination of a lease pursuant to subsection (a) shall
22terminate any obligation a dependent or immediate family member
23of the service member may have under the lease.

24(c) The written notice required pursuant subsection (a)
25shall be accompanied by either a copy of the service member's
26official military orders or a written verification signed by the
27service member's commanding officer.

28(d) Written notice of lease termination by a service member
29may be delivered by one of the following methods:

30(1) Personally to the landlord or the landlord's agent.

31(2) Deposited in the United States mail as either priority
32mail with confirmation postage or first class certified mail
33with return receipt postage.

34(3) Electronically by e-mail, read receipt.

35(4) Private business carrier.

36(e) In the case of a lease that provides for monthly payment
37of rent, termination of the lease in accordance with this
38section shall be effective thirty days after the first date on
39which the next rental payment is due and payable after the date
40on which the written notice under subsection (c) is delivered to
41the landlord. In the case of any other lease, termination of the
42lease shall be effective on the last day of the month following
43the month in which lease termination is determined in accordance
44with subsection (a).

45(f) Any rent that is unpaid for the period preceding the
46effective date of the lease termination shall be paid on a
47prorated basis. Rent paid in advance for a period after the
48effective date of the termination of the lease shall be refunded
49to the service member or an authorized dependent, immediate
50family member or a legal representative of the service member by
51the landlord within thirty days after the effective date of the

1termination of the lease.

2(g) If a service member experiences a traumatic injury or
3dies while on active duty, a dependent, immediate family member
4or a legal representative of the service member's estate may
5terminate the service member's rental agreement for any
6leasehold premises by providing the landlord with a written
7notice of termination to be effective thirty days after the
8first date on which the next rental payment is due or forty-five
9days after the landlord's receipt of the notice, whichever is
10shorter. A copy of the service member's death certificate,
11official military personnel casualty report or letter from the
12service member's commanding officer verifying the service
13member's death or injury must accompany the notice as
14verification of the service member's death or injury.
15Termination of the service member's lease obligations under this
16subsection shall also terminate the lease obligations of any
17cotenants who are dependents or immediate family members of the
18injured or deceased service member. If the service member was a
19cotenant with a person who is not an immediate family member or
20dependent, then the termination shall relate only to the
21obligation of the service member under the lease agreement. The
22prorated charges under subsection (f) and liquidated damages, if
23authorized, shall apply to any claims against the service
24member's estate.

25(h) As used in this section, the following words and phrases
26shall have the meanings given to them in this subsection:

27"Dependent." A spouse, domestic partner, child or stepchild
28of a service member.

29"Immediate family member." A spouse, domestic partner,
30mother, father, sister, brother, child or stepchild of a service
31member.

32"Military service." Active duty service with any branch of
33the United States Armed Forces or a reserve component of the
34armed forces, as well as training or education under the
35supervision of a branch of the United States Armed Forces
36preliminary to induction into military service for a period of
37not less than one hundred eighty days.

38"Reserve component." The United States Army Reserve, United
39States Navy Reserve, United States Marine Corps Reserve, United
40States Air Force Reserve, United States Coast Guard Reserve, the
41Pennsylvania National Guard and the Pennsylvania Air National
42Guard.

43"Service member." An individual who as a member of the
44United States Armed Forces or of a reserve component is the
45tenant of a leasehold premises.

46"United States Armed Forces" or "armed forces." The Army,
47Navy, Air Force, Marine Corps or Coast Guard as defined in 10
48U.S.C. § 101 (relating to definitions).

49Section 505.3. Disposition of Abandoned Personal Property of
50Service Member.--(a) At the time a service member has
51relinquished possession of the real property, the service member

1shall remove or cause to be removed from the premises all items
2of personal property. For the purposes of this section, a
3service member shall be deemed to have relinquished possession
4of the premises upon any of the following:

5(1) Execution of an order of possession in favor of the
6landlord.

7(2) Physically vacating the premises, removal of
8substantially all personal property and the providing of a
9forwarding address or written notice stating that the service
10member has vacated the premises.

11(3) If personal property remains on the premises, the
12receipt of written notice in accordance with section 505.2.

13(b) Upon relinquishment of the premises under subsection (a)
14and the acceptance of possession of the real property by the
15landlord, the service member shall have thirty days to contact
16the landlord regarding the service member's intent to remove any
17personal property remaining on the premises. If the intent is
18conveyed to the landlord, the personal property shall be
19retained by the landlord at a site of the landlord's choosing
20for sixty days after receipt of written notice in accordance
21with section 505.2. If no communication is made to the landlord
22within thirty days, the property may be disposed of at the end
23of the thirty-day period at the discretion of the landlord.

24(c) If personal property of a service member remains on the
25premises following the relinquishment of the premises by the
26service member, the following shall apply:

27(1) If there is acceptance of the real property by the
28landlord under subsection (a)(1) and the writ or order of
29possession contained notice of the provisions under subsection
30(b), the landlord shall not be required to provide further
31notice to the service member.

32(2) If there is acceptance of the real property by the
33landlord under subsection (a)(2) or (3) and the lease or lease
34addendum contains notice of the provisions under subsection (b),
35the landlord shall be required to provide written notice to the
36service member that personal property remains on the premises
37and must be retrieved by the service member or a dependent or
38immediate family member. The notice under this subsection shall
39give the service member thirty days from the date of postmark of
40the notice to notify the landlord that the service member will
41be retrieving the personal property. If the intent is conveyed
42to the landlord, the personal property shall be retained by the
43landlord at a site of the landlord's choosing for forty-five
44days from the date of postmark of the notice. If no
45communication is made to the landlord within thirty days, the
46property may be disposed of at the end of the thirty-day period
47at the discretion of the landlord. The notice shall also include
48a telephone number and address where the landlord can be
49contacted and shall identify the location where the service
50member's property can be retrieved. The notice shall be
51delivered by one of the following methods:

1(i) Regular mail to the service member's forwarding address,
2if provided, or, if no forwarding address is provided, then to
3the formerly leased premises.

4(ii) Personal delivery to the tenant.

5(iii) Electronic mail, read receipt.

6(3) If the lease or lease addendum does not contain notice
7of the provisions under subsection (b), the landlord, in
8addition to complying with the requirements of subsection (b),
9shall send notice to any dependent, immediate family member or
10emergency contact that may have been provided by the service
11member in a lease agreement.

12(4) The notice required under this subsection shall also
13contain information that the service member may be required to
14pay costs related to the removal or storage of any personal
15property retrieved by the service member after forty-five days
16in accordance with subsection (f).

17(d) At all times between the acceptance of the premises by
18the landlord and the expiration of the thirty-day or forty-five
19day periods, the landlord shall exercise ordinary care with
20regard to any personal property that the service member left in
21or on the real property.

22(e) After the appropriate time period under subsection (d)
23has expired, the landlord shall have no further responsibility
24to the service member in regard to any personal property that
25has not been retrieved by the service member or by a dependent
26or immediate family member. The landlord may, at the landlord's
27discretion, dispose of the personal property. If the personal
28property is sold and proceeds exceed any outstanding obligations
29owed to the landlord, the proceeds shall be forwarded to the
30service member or a dependent authorized by the service member
31by certified mail. If no forwarding address has been provided to
32the landlord by the service member, the landlord shall hold the
33proceeds for thirty days and, if unclaimed, may retain the
34proceeds.

35(f) If the landlord has issued the notice to the service
36member in accordance with subsection (c), the landlord may
37choose to store the service member's personal property at
38another location within reasonable proximity to the leased
39premises. If the landlord elects to have the property stored at
40another location, the landlord may remove the property from the
41premises by any means reasonably calculated to safeguard the
42property for the time period required under this section. A
43service member shall not be required to pay any costs related to
44the removal or storage of the property by the landlord if the
45service member retrieves the personal property within thirty
46days of the date of postmark of the notice. If the service
47member retrieves the personal property after thirty days of the
48date of the postmark of notice but before forty-five days, the
49service member shall be required to pay any reasonable and
50actual costs related to the removal or storage of the property
51by the landlord for that time period.

1(g) As used in this section, the following words and phrases
2shall have the meanings given to them in this subsection:

3"Dependent." A spouse, domestic partner, child or stepchild
4of a service member.

5"Immediate family member." A spouse, domestic partner,
6mother, father, sister, brother, child or stepchild of a service
7member.

8"Military service." Active duty service with any branch of
9the United States Armed Forces or a reserve component of the
10armed forces, as well as training or education under the
11supervision of a branch of the United States Armed Forces
12preliminary to induction into military service for a period of
13not less than one hundred eighty days.

14"Reserve component." The United States Army Reserve, United
15States Navy Reserve, United States Marine Corps Reserve, United
16States Air Force Reserve, United States Coast Guard Reserve, the
17Pennsylvania National Guard and the Pennsylvania Air National
18Guard.

19"Service member." An individual who as a member of the
20United States Armed Forces or of a reserve component is the
21tenant of a leasehold premises.

22"United States Armed Forces" or "armed forces." The Army,
23Navy, Air Force, Marine Corps or Coast Guard as defined in 10
24U.S.C. § 101 (relating to definitions).

 

See A06791 in
the context
of HB1714