THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SAYLOR, AUMENT, BOYD, COHEN, D. COSTA, CREIGHTON, DALEY, DAVIS, DONATUCCI, FARRY, FLECK, GILLESPIE, GINGRICH, HENNESSEY, HORNAMAN, KOTIK, LONGIETTI, MUNDY, MURT, PICKETT, SCAVELLO, VULAKOVICH, WAGNER, WATSON, SCHRODER, SWANGER AND BOBACK, MAY 11, 2011

AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 2, 2011   

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," providing for the collection of rent upon 

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death of a tenant.

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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 314.  Collection of Rent upon Death.--

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(a)  Notwithstanding any other provision of this act or law,

the term of the lease of a tenant who has died shall end on the

later of:

(1)  The last day of the calendar month that immediately

follows the calendar month in which the tenant died.

(2)  Upon surrender of the rental unit and removal of all of

the tenant's personal property by the executor or administrator

of the deceased tenant's estate.

(b)  If by the close of the calendar month that immediately

follows the calendar month in which the tenant died the executor

or administrator of the tenant's estate has not arranged to

continue the lease term and has not removed all of the tenant's

personal property, the landlord may dispose of the property and

the landlord shall have no further responsibility regarding the

property. The landlord shall not be liable to the deceased

tenant's estate for any damages relating to the disposal of the

property.

(c)  Nothing under this section shall be construed to relieve

the deceased tenant's estate of liability for any expenses the

landlord incurs as a direct result of the tenant's death, such

as the cost of cleaning or restoring the premises. The deceased

tenant's estate shall be liable for any rent or damages that

were owed prior to the date of the tenant's death.

Section 514.  Death of Tenant.--(a)  Notwithstanding any

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other provision of this act or law, and 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 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 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 2.  The addition of section 314 514 of the act shall

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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.