7315.1 - Early termination of housing rental agreement by military personnel.

     § 7315.1.  Early termination of housing rental agreement by                military personnel.        (a)  General rule.--A member of the armed forces of the     United States or a member of the Pennsylvania National Guard     serving on full-time duty or as a civil service technician with     a national guard unit may, through the procedure detailed in     this subsection, terminate a housing rental agreement if the     member or technician:            (1)  has received permanent change of station orders;            (2)  has received temporary duty orders in excess of        three months;            (3)  is honorably discharged or released from active duty        with the armed forces of the United States or from full-time        duty or technician status with the Pennsylvania National        Guard; or            (4)  has received orders for mandatory housing assignment        to government-supplied quarters resulting in forfeiture of        basic allowance for housing (BAH).        (b)  Notice of termination.--Tenants who qualify to terminate     a housing rental agreement under this section shall do so by     serving on the landlord a written notice of termination     effective not less than 30 days after receipt of the notice.     Prior to the termination date, the tenant shall furnish the     landlord with a copy of the official notification of the orders     or a signed letter confirming the orders from the tenant's     commanding officer.        (c)  Final rent.--The final rent shall be prorated to the     date of termination and shall be payable at such time as would     have otherwise been required by the terms of the housing rental     agreement.        (d)  Arrearages and other obligations and liabilities.--Rents     or lease amounts unpaid for the period preceding the effective     date of the lease termination shall be paid on a prorated basis.        (e)  Rent paid in advance.--Rents or lease amounts paid in     advance for a period after the effective date of the termination     of the lease shall be refunded to the lessee by the lessor, or     the lessor's assignee or the assignee's agent, within 30 days of     the effective date of the termination of the lease.        (f)  Relief to lessor.--Upon application by the lessor to a     court before the termination date provided in the written     notice, relief granted by this section to a servicemember may be     modified as justice and equity require.        (g)  Tenant's obligations.--Nothing in this section shall     affect the tenant's obligations under section 503-A of the act     of April 6, 1951 (P.L.69, No.20), known as The Landlord and     Tenant Act of 1951.        (h)  Penalties.--            (1)  Any person who knowingly seizes, holds or detains        the personal effects, security deposit or other property of a        servicemember or a servicemember's dependent who lawfully        terminates a lease covered by this section, or who knowingly        interferes with the removal of such property from premises        covered by such lease, for the purpose of subjecting or        attempting to subject any of such property to a claim for        rent accruing subsequent to the date of termination of such        lease, or attempts to do so, commits a summary offense.            (2)  The remedy and rights provided under this section        are in addition to and do not preclude any remedy for        wrongful conversion otherwise available under law to the        person claiming relief under this section, including any        award for consequential or punitive damages.     (July 4, 2004, P.L.507, No.65, eff. 60 days)        2004 Amendment.  Act 65 added section 7315.1.