Pennsylvania SCRA Benefits: State Military Code Protections
Part of: The Complete Guide to the SCRA
Pennsylvania carries a large Guard and Reserve population and installations like Carlisle Barracks, Tobyhanna, and Letterkenny. It is one of the states that did not settle for the federal floor. Pennsylvania wrote its own military civil-relief code, and it covers state duty.
What Pennsylvania’s Military Code adds
| Protection | Federal SCRA | Pennsylvania |
|---|---|---|
| Guard on state active duty (30+ days) | ✕ Not covered | ✓ Covered (51 Pa.C.S. §§ 7315-7316) |
| Lease termination | 50 U.S.C. § 3955 | ✓ § 7315: home, business, farm, auto, boat, furniture |
| 6% rate cap | 50 U.S.C. § 3937 | ✓ § 7316 mirrors it onto state duty |
| Tax on out-of-state active-duty pay | None | ✓ Not taxable to PA |
The Military Code: a state SCRA for state duty
The federal SCRA goes dark on state activations. Pennsylvania’s Military Code fills the gap with two sections aimed at exactly that:
- § 7315, leases: a Pennsylvania Guard member on active or state active duty of 30 days or more can terminate, without cost or penalty, leases for a dwelling, business, or farm, and leases of an automobile, boat, aircraft, furniture, and appliances. That list is broader than most state statutes.
- § 7316, interest: caps the rate at 6% on qualifying obligations, mirroring the federal rate cap onto state duty.
If you are Pennsylvania Guard running the activation cycle, this is your state-duty toolkit. Serve written notice, attach orders, and the termination calculator gives you the exact end date.
The tax side
Pennsylvania does not tax the active-duty pay a resident earns while stationed outside Pennsylvania. If you are a PA resident stationed inside the state, that pay is taxable, so your duty location matters. Pair it with the tax-state election when you are assigned out of state.
Pennsylvania, move by move
- Pennsylvania Guard on active or state active duty of 30+ days: invoke § 7315 for leases and § 7316 for the rate cap, in writing.
- Breaking an auto or furniture lease: § 7315 reaches those too. Serve 30-day written notice with orders.
- PA resident stationed outside PA: confirm your active-duty pay is excluded from PA income tax.
- On federal orders, the full federal kit is yours: the 6% cap, letters, lease exits, and foreclosure shields.
- Calculate exact lease end dates with the termination calculator.
The law behind this: 51 Pa.C.S. § 7315
Termination of leases and similar obligations by military personnel: read the statute.
Frequently asked questions
What does Pennsylvania's Military Code give Guard members?
Two key protections on active or state active duty of 30+ days. Section 7315 lets you terminate leases for a home, business, farm, automobile, boat, aircraft, furniture, and appliances without cost or penalty. Section 7316 caps your interest rate at 6%, the same as the federal SCRA. Both reach state activations the federal law does not.
Does Pennsylvania tax military pay?
Active-duty military pay earned by a Pennsylvania resident while stationed outside Pennsylvania is not subject to PA personal income tax. If you are a PA resident stationed inside Pennsylvania, that active-duty pay is taxable. Confirm your station status when you file.
How do I terminate a lease under § 7315?
Serve your landlord written notice of termination, effective no less than 30 days after the landlord receives it, along with proof of your qualifying orders. The statute covers more than housing: it also reaches auto leases and leases of furniture and appliances, which is broader than many state laws.
Should I use the state law or the federal SCRA?
Use whichever is stronger for your situation, and cite both. The federal SCRA applies in Pennsylvania at full strength on federal orders. On Pennsylvania state active duty, 51 Pa.C.S. §§ 7315 and 7316 are what cover you, since the federal SCRA does not reach state activations.
Sources
Heads up: SCRA Saver publishes general information, not legal or financial advice. Laws change and every situation differs. Confirm details with your installation legal assistance office (free for service members) or a licensed professional.