It is important to understand, in the first instance, that vacating and/or leaving the leased premises prior to the expiration of the underlying term of your lease in Pennsylvania, whether it be an apartment or a single-home, without paying the remainder of the rent owing and due under the said lease is considered to be “breaking the lease”.
Pursuant to the applicable laws in Pennsylvania, including but not necessarily limited to the Pennsylvania Landlord & Tenant Act, a Lease is essentially a “contract” between you and the landlord which obligates you and your landlord to certain enumerated and implied obligations under the Lease for a set or fixed period of time, usually referred to as the “Leasehold” – which is generally for an initial period of one (1) year.
Under the typical lease, the landlord cannot raise the rent or change other terms until the initial lease term expires, unless the lease itself provides for such changes. You, as the “Tenant”, have a corresponding obligation to pay a fixed monthly rent for the specified term of the underlying Leasehold, in addition to any other obligations set forth in the lease agreement. The obligation on your part for the payment of rent generally remains for the entire term of the underlying lease regardless of whether you reside on the premises for the entirety of the leasehold. Importantly in that regard, a tenant that breaks a lease early can be held responsible for any rent remaining owing and due under the remaining term of the lease
There are, however, some exceptions to the blanket rule that a tenant who breaks a lease early owes the rent for the entire/remaining term of the lease, some examples of which include the following: (i) you are starting active military duty; (ii) the rental unit is deemed to be unsafe, uninhabitable, or violates the Pennsylvania Health or Safety Codes; (iii) your landlord harasses you or violates your Privacy Rights; and (iv) your landlord fails to make needed repairs after being afforded a reasonable period of time to do so despite repeated requests.
In addition to the above, it is always important to closely review the underlying terms and provisions of your Lease as there may be other grounds specifically set forth therein by which you may properly exercise your right to terminate the lease early without penalty and/or other potential monetary damages.
Alternatively, if you need to leave early and do not have legal justification to do so, there are better options than just moving out and “rolling the dice” as you could end up exposing yourself to substantial monetary damages.
In that regard, you can help to improve your situation by reaching out to the landlord to discuss the situation and providing the Landlord with as much advance notice that you can, in writing, of your need and/or intentions to leave early.
Whatever your specific situation, it is important that you speak with an attorney experienced with such matters to ensure that your rights are properly protected.
The Law Firm of DiOrio & Sereni, LLP is a full-service law firm in Media, Delaware County, Pennsylvania. We strive to help people, businesses and institutions throughout Southeastern Pennsylvania solve legal problems – and even prevent legal problems before they occur. To learn more about the full range of our specific practice areas, please visit www.dioriosereni.com or contact Robert B. George, Esquire at 610-565-5700 or at [email protected].
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