Legal Question in Landlord & Tenant Law in Pennsylvania

Security deposit and fuel charges

I just moved out of a house and received a letter stating that we were to leave the oil tank 3/4 of the way full upon the end of the lease. However, the lease I signed with my fiance does not say this at all. My fiance lived in the house before me and signed a lease with an old roommate...that lease said that upon end of the lease term to fill the oil tank. They are now saying that because the premises was never vacated, that still applies to the lease we had. I can't see how they can hold me responsible for something written into a lease that expired in 2006 and is not mentioned at all in my own lease.

What can I do?


Asked on 9/22/08, 9:27 pm

1 Answer from Attorneys
Leslie Ditlow, Esquire Leslie F. Ditlow, Esquire

Re: Security deposit and fuel charges

I am not sure where the leased property is located; i.e., whether it is in PA or OH. In PA, I would argue that the four corners of the document that you signed at the beginning of your tennany does not include language about the oil tank. I would have an attorney review it, there may be either an inclusion clause or an exclusion clause. An inclusion clause would state something to the effect of this lease only changes the terms as stated herein, any prior terms remain in full force and effect. An exclusion clause would state that the lease was the sole agreement between the parties to the exclusion of any other written or oral agreements.

Let me know if I can help further.

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Answered on 9/22/08, 10:15 pm


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