2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 69 - Particular Rights and Immunities
6910 - Limitations on lessor's liability.

     § 6910.  Limitations on lessor's liability.
        (a)  Right to correct errors.--A lessor is not liable for any
     violation of the requirements of this chapter if, within 60 days
     after discovering an error and before an action for damages is
     filed against the lessor under section 6909 (relating to
     lessor's liability for noncompliance) or written notice of the
     error is received from the lessee, the lessor notifies the
     lessee of the error and makes adjustments to the account of the
     lessee that are necessary to assure that the lessee is not
     required to pay an amount in excess of the amounts permitted by
     this chapter. This subsection applies whether the error was
     discovered through the lessor's own procedures or by any other
     means.
        (b)  Limitation in damages.--A lessor is not liable under
     subsection (a) for damages in excess of actual damage sustained
     by the lessee if the lessor shows by a preponderance of the
     evidence that the violation of this chapter resulted from a bona
     fide error, notwithstanding the maintenance by the lessor of
     procedures reasonably adopted to avoid the error.
        (c)  Definition.--As used in this section, the term "bona
     fide error" includes, but is not limited to, clerical or
     calculation mistakes, computer hardware or software malfunctions
     and programming and printing errors.