A bill working its way through the Pennsylvania House of Representatives would allow victims of domestic violence to break rental agreements and change locks under certain circumstances.

The bill, HB 1441, would amend the Landlords and Tenants Act to provide exceptions to laws governing rentals for victims of domestic violence.

“Leaving an abusive relationship is often the most dangerous time for a victim of domestic violence,” state Rep. Lisa Borowski, D-168, said in a co-sponsorship memorandum for the bill. “Individuals leaving a violent relationship must consider where they will go, how to care for children, and if the abuser will further retaliate against them. The least of these worries should be housing, but rather the victim’s safety and the safety of their family.”

Under the revisions in the bill, tenants who are victims of domestic violence or have household members who are victims may break a lease if they provide a landlord with a valid notice of the most recent occurrence of an act of legally defined domestic violence, a no contact order, a letter from a medical or mental health provider indicating victim status, a police report describing an incident of domestic violence, evidence of conviction of the perpetrator of an act of domestic violence, evidence that a family or household member is deceased due to an act of domestic violence or a form to be developed by the Office of Victim Advocate if the bill were to pass. The bill would also allow breaking a lease if an individual previously convicted of an act of domestic violence has been released from legal confinement.

Following provision of such information, a tenant would be released from a lease agreement no later than fifteen days later if a landlord operates more than five dwelling units in the state or 30 days if a landlord operates less than five units.

Under the same qualifying circumstances, a tenant would be permitted to change the locks or other security devices of a unit. The landlord would have to immediately be provided with means of access to the unit.

However, if the individual who committed the act is also a party to the lease, a tenant cannot change the means of access to the unit unless there is a court order expressly ordering the individual to vacate the dwelling. Ex-parte orders would not permit changing of locks.

Pennsylvania automatically issues temporary, ex-parte protection from abuse orders – or those in which an accused party was not present – when a PFA is requested. They are issued without notifying the accused or allowing testimony and require no evidence. The orders require an official hearing to determine whether an act of abuse qualifying for a full PFA occurred within ten business days. Such an order usually includes no contact and no third-party contact orders and in cases where the accused and the accuser live together require the accused to vacate the dwelling until a hearing is held.

“Victims of domestic violence should not have to worry about the financial burden of breaking a lease when they are trying to escape a violent situation,” A Safe Place Executive Director Alexis Fetzeck said. “Quite often, victims will return to their abuser because they are already experiencing financial abuse along with physical abuse. This legislation is crucial in providing safety or lifesaving measures to anyone experiencing domestic violence.”

The bill passed the state House Judiciary Committee Nov. 14.