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Termination of leases and similar obligations by military personnel - 51 Pa. Cons. Stat. § 7315

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     § 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.

Last modified: November 27, 2007