How to Break a Lease in Pennsylvania
If you are a renter in the midst of an unexpected life situation that has come up in the course of your lease, such as a job change, marriage, or better living arrangement, you are probably wondering what will happen if you have to break your lease before it is completed. The state of Pennsylvania has very specific rules for both landlords and tenants regarding the breaking of a lease.
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Instructions
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Read your lease; there may be a section that discusses your obligations when breaking the lease. In most cases, the landlord will require you to pay the remaining amount due on your lease as if you are still living there. In Pennsylvania your landlord is required to take reasonable steps towards re-renting the space in a timely fashion; this is called "mitigating damages." Once the property is re-rented, you are off the hook. If the issue has to go to court, the judge could rule that the landlord didn't take the proper steps to rent the apartment in a reasonable amount of time and cap the amount owed to a couple of months, but that is completely up to the judge's discretion and the documentation that the landlord keeps regarding his efforts. Keep in mind that a lease is a contract, and your landlord has every right to enforce the terms of that contract.
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Draw up a written letter to your landlord. In it, briefly state your need to break your lease. If the reason is compelling, such as a family emergency or abusive situation, you may want to let the landlord know. Your reason may convince the landlord to be more lenient about the terms of your lease. (If you don't want to live there because you hate the apartment and are tired of the landlord's shenanigans, keep that to yourself.) Sign and date the letter in front of a notary and get a copy for your own records.
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Tell your landlord if you need to leave for military reasons. According to the Soldiers' and Sailors' Civil Relief Act of 1940 and the Servicemembers Civil Relief Act of 2003 (both federal laws) you are allowed to legally break a lease without penalty due to a military deployment. You can also break a lease early if the living space is uninhabitable and the landlord refuses to make repairs (you must provide written notice of your intentions to the landlord).
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Go into your landlord's office so that you can speak to him verbally regarding your need to break your lease. Explain the reasons why and give the landlord the official handwritten notice. If the reasons aren't compelling, the landlord willl probably tell you that you are going to have to pay according to the terms of the lease and could take you to court for the remaining balance if you refuse.
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If you are a landlord who needs to break a lease in Pennsylvania, you are required to give your tenant a 30-day notice to quit (asking them to leave) in writing for leases under a year (including month-to-months) and 90 days notice for a lease that is for one year or more.
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Tips & Warnings
Even if you decide to finish out the remainder of your lease, you should notify your landlord at least 60 to 90 days ahead of the end of your lease to let them know that you don't plan to renew it. You could be on the hook for another term if you don't give proper notice (see your lease).
