Legal Question in Landlord & Tenant Law in Pennsylvania

If we cannot afford our townhome anymore (we rent) and we give the landlord time to find someone else to move in before we move out (therefore eliminating any possibility of owing him rent for the months we vacated), do we have the opportunity to get our deposit back without owing him anything (given that there is no damage done)?


Asked on 7/08/10, 6:00 am

1 Answer from Attorneys

What you do not tell me is what your lease says. The lease governs here and there is no right to break your lease.

See what your lease says. Many leases have a termination clause whereby you can pay 2/3 months' rent as liquidated damages. How many months do you have left to go on the lease? Or try to find a new tenant that will be acceptable to the landlord. The landlord also has an obligation to find a new tenant. However, you will be on the hook either until the end of your lease term or until the landlord finds a new tenant, whichever is earlier.

Security deposits are NOT to be used as the last months' rent. It is security for damages. What I would do is give written notice to your landlord and start looking to move. When you move out, clean the apartment (make it Girl Scout clean, i.e., better than you found it). Take pictures. Fix any nail holes in the wall or repair minor damage so you will not be charged for it. Then scheedule a moveout inspection with the landlord within 7 days after you leave or sooner if possible. Use a moveout sheet signed by the landlord and note a ny damages on the sheet. Give the landlord your keys and your forwarding address.

If there is rent owed, then you will not get your security deposit back. However, if you find a new tenant and do the things I described, you should get your deposit returned. If not, you can sue your landlord for double damages if he/she fails to return the security deposit within 30 days or fails to provide you with a damage estimate.

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Answered on 7/08/10, 1:46 pm


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