Legal Question in Real Estate Law in Pennsylvania
Amended or changed lease before term
My tenants moved into my rental property in Sept of 98. They have been late every month with the rent since that time. One of the clauses in the lease stated: that if anyone else moved into the household, they would be assesed a $75.00 additional rental fee. They moved their daughter in at the end of Sept. I informed them that I would be re-writting the lease to reflect the increase in rent. I sent it to them to sign and date and return to me by Feb 1, 1999. Today, 2-1-99 they returned it to me and refused to sign the new lease,stating: "They don't have to sign this new lease, because the old lease was written for one year and cannot be changed until then". Can they do that or can I now evict them because the old lease is null and void because of the rental increase?
1 Answer from Attorneys
Re: Amended or changed lease before term
If the old lease contained a clause covering the
rental increase if another moved in you have a claim for the extra rent. You do not need a new lease. However, the party who moved in is not liable. Suggest you consult an attorney.
Gerald Hershenson
Law Office of Gerald M. Hershenson
506 Corporate Drive West