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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=12353
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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: April 2, 2013 11:42 AM
From: Representative Stan Saylor
To: All House members
Subject: Death of a Tenant
 
Last Session, the House of Representatives unanimously passed legislation (HB 1526) to protect consumers from a “death penalty” practiced by landlords in this Commonwealth. If you recall, often landlords will include a death payment provision in their lease agreements which places liability upon the estates of deceased tenants to pay rent and penalties anywhere from one month to the full year balance of the lease agreement.

I will be re-introducing legislation to ensure such death payment provisions, imposing financial penalties upon the estate of a deceased tenant, are limited in their financial impact upon families of a deceased tenant. My proposal removes the estate of a deceased tenant from being liable for any rent accruing from one month after the tenant’s death, or upon surrender of the rental unit and removal of all personal property, whichever is the later. This prevents landlords from billing the estate for the remainder of the full year lease while protecting landlords who are left with abandoned personal property.

The issue of death and fees placed on one’s estate is not a focus upon tenants entering into a lease agreement. While it is possible for a tenant to reach an agreement with a landlord and have an amended provision included in their lease agreement excluding the collection of rent upon death, the policy of landlords to include such assessing provisions far out measure amended lease agreements.

Previous co-sponsors include: 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

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Introduced as HB1218