Legal Question in Landlord & Tenant Law in Pennsylvania
breeaking a lease
What legal recourse does a landlord have when a tenant breaks a lease other than being reported on a credit report for failure to pay the remaining three months rent owed. If taken to court and is found to owe the remaining rent, how does the court obtain the monies? If not paid, what legally happens? The lease renewal date is 9/6/05 and tenant is moving 6/30/05. Certified mail notice was given to the apartment complex, but less than the ninety days required. The tenant is moving due to family hardship whereas his ex-wife is unable to care for his daughter due to illness and he must move in order to care for her. Thank you for any information.
2 Answers from Attorneys
Re: breeaking a lease
First, if you have a security deposit you can use that to offset a portion of the rent due. Additionally, landlords are one of the few people eligible to have their judgements enforced through garnishment of wages. I recommend speaking with an attorney to discuss the matter further I offer free consultations.
Re: breeaking a lease
There is something else that is very important that Atty. Johns didin't mention. You (landlord) also have an obligation to attempt to mitigate your damages. In other words, you must show that you actively attempted to re-let the apartment. If you do not do so, the tenant may be found not to owe the entire amount. If you find a new tenant for the apartment, you may only collect the net amount you lost from the time that the apartment was vacant from the old tenant.
However, I must emphasize--you must make a GOOD FAITH EFFORT to relet the apartment, meaning that you should advertise, etc. and not turn away potential tenants that you normally would not turn away.
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