Legal Question in Landlord & Tenant Law in Pennsylvania
leases for college students
my son and a friend signed a lease for an apartment in the spring for the fall and spring term of 2007 and 2008. The agreement was for each to pay $250 security deposit and $1000 each per semester. The owner sold the property and the boys were contacted this week. The boys were told the rent is now $1800 per semester each and they could pay partial payment august and october? They were also told they would need to come sign a new lease. When we told the new owner that we just wanted the security deposit back and would find a new appartment because this increase was not in the lease, he told us the security deposit was not refundable and that the boys would be responsible for the first semesters rent. Can they be forced to pay this? Is the old contract bindable and can they get back the deposit.
2 Answers from Attorneys
Re: leases for college students
First, what does the lease say about the event the building was sold?
Based on what you said it looks like the landlord wants his cake and more. If he is going to hold the security deposit per the old agreement and charge rent under a new agreement.
He can't hold them to the new rent without a new lease. I would think he would want a higher security deposit too. If he wants then to sign a new lease than he should refund the security deposit. Otherwise your son and his friend should hold them to the old lease and the old rent.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
Re: leases for college students
John is right. Many times there is what is known as a sale clause in the lease. This allows the landlord to terminate the lease after a certain number of days after the sale. Like John said though, although the new landlord may be able to cancel their lease, he cannot hold them to a higher rent without a new lease. You can contact me also if you need help. We have offices in Pittsburgh.
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