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The Pennsylvania Landlord Tenant Act was recently amended to provide some financial relief to a residential tenant who has died during a long-term lease. The new Act became effective January 3, 2017. The law now provides that where the decedent is the sole tenant of a residential unit and dies during the term of residential lease, the executor or administrator of the tenant’s estate has the option upon fourteen days written notice to the landlord of terminating the residential lease. The executor or administrator can choose to terminate the lease on the later of i) the last day of the second calendar month in which the tenant died or ii) surrender of the property and removal of all of tenant’s personal property.
While any rent owed prior to death is still due and owing to the landlord, the new provision does provide a mechanism to potentially limit post death rent payments by a tenant’s estate upon satisfaction of the conditions of the new law.
If you have questions about this new law or any questions about estate planning, estate planning documents such as a Will, Power of Attorney, or Living Will, or questions about probate and estate administration, do not hesitate to contact us.
Attorney Tom Capehart is a member of Gross McGinley’s Wills, Trusts & Estates Group, providing guidance to families in estate planning and administration matters.