7315 - Termination of leases and similar obligations by military personnel.

     § 7315.  Termination of leases and similar obligations by                military personnel.        (a)  Applicability.--This section shall apply to members of     the Pennsylvania National Guard who are called or ordered to     active duty with the armed forces of the United States, other     than active duty for training, or to State active duty under     this title, and members of other reserve components who are     called or ordered to active duty with the armed forces of the     United States, other than active duty for training, when the     period of active duty or State active duty is 30 consecutive     days or more.        (b)  Leases which may be terminated.--A member of the     Pennsylvania National Guard or other reserve component of the     armed forces of the United States, as described in subsection     (a), or his agent or attorney-in-fact may terminate or cancel     without cost, payment or penalty any lease for premises occupied     or used by the member for dwelling, professional, business or     agricultural purposes and any lease for an automobile, other     motor vehicle, boat, aircraft, furniture, appliances, fixtures     or other tangible personal property used by the member for     personal, business, agricultural or other private use, provided     the lease was executed by or on behalf of the member prior to     the commencement of the period of active duty or State active     duty and provided the lease was not intended as security under     the definition of "security interest" in 13 Pa.C.S. § 1201     (relating to general definitions).        (c)  Procedures for termination.--The member may terminate or     cancel the lease by notice in writing delivered to the lessor or     to the lessor's agent at any time following the beginning of the     member's active duty or State active duty. Delivery of the     notice may be accomplished by placing it in an envelope properly     stamped and duly addressed to the lessor or the lessor's agent     and depositing the notice in the United States mail. In the case     of leases of premises or tangible personal property providing     for monthly payments, termination of the lease shall be     effective 30 days after the first date on which the next rental     or lease payment is due and payable subsequent to the date when     the notice is mailed or delivered. In the case of all other     leases, termination shall be effective on the last day of the     month following the month in which the notice is delivered or     mailed, and, in such case, any rental paid in advance for a     period after termination shall be refunded to the member by the     lessor or his agent.        (d)  Relief granted to lessor.--Upon application by the     lessor to the appropriate court of common pleas prior to the     termination provided for in this section, any relief granted by     this section shall be subject to such modifications or     restrictions as, in the opinion of the court, justice and equity     may require in the circumstances. This section does not prohibit     the forfeiture, in whole or in part, of a security or damage     deposit paid by the member when the forfeiture is authorized by     law and the lessor demonstrates that the forfeiture of the     deposit is necessary to pay for actual damages to the premises     or tangible personal property arising during the period prior to     termination of the lease when the premises or tangible personal     property were under the care, custody and control of the member     or his family.        (e)  Memberships subject to termination.--A member of the     Pennsylvania National Guard or other reserve component of the     armed forces of the United States, as described in subsection     (a), may terminate without cost or penalty any membership or     similar obligation incurred prior to the member's entry on     active duty in a health club, fitness center, country club,     outdoor or indoor recreational organization or similar     organization where periodic payments are required to maintain     membership, or the member, at his option, may suspend his     periodic payments during his period of active service and shall     be readmitted to active membership without payment of any     initiation or other initial membership fee upon release from     active service. The notice described in subsection (c) shall be     sufficient for a member to notify the club or organization of     the termination or suspension of membership.     (Apr. 16, 1992, P.L.161, No.29, eff. imd.)        1992 Amendment.  Act 29 added section 7315.