Legal Question in Landlord & Tenant Law in Pennsylvania
Me and my girlfriend rented a room off of her sister. Her sister does not own the home and we payed her rent the first of every month. There is a written agreement that states this. We made a last minute decision to move out and tried to move our stuff out on the first. She denied us entry to our stuff and said that we owed her money because we still had to pay her this months rent because we didn't give her 30 days notice. Nothing in our lease stated this. It specifically says month to month basis. And from what i understand, her lease with us is null and void because she never went through the actual owner to approve it. We have been told by family members this is considered sub-leasing or sub-letting and is not allowed. I would like to know whether it would be worth our time to take this matter to court to try and get our money back for a month we never stayed there.
1 Answer from Attorneys
It sounds like this would be an assignment, rather than a sub-lease, but either way, so long as her lease didn't forbid it, such an assignment or sub-lease is permitted. Generally, when there is a month to month lease and the lease is silent as to notice, then 30 days notice is required.
Aside from that, filing a civil suit would likely cost more than it would be worth. There are filing fees, your time in court, etc. and even if you would win, you still might not get your money. She may still refuse to pay and may not have sufficient assets levy.
Justin C Gearty Jr
717-490-6325
http://www.geartylawoffices.com
DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship.
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