Legal Question in Real Estate Law in Pennsylvania

Lease Penalty Without Loss

A landlord is not entitled to damages if hesuffers no loss. If you broke the lease thedamages will be fixed by the lease. It mustbe reviewed.A penalty can be charged if thelease is broken if it is set forth in the lease.However, the damages will be offset becausethe landlord did suffer a loss. Suggest youconsult an attorney.

Lease Penalty after Breaking Lease

There have been several decisions which have imposed a duty to mitigate on a landlord, in both a commercial and residential lease context. Your rights would depend on the circumstances of your breaking your lease, when the apartment was re-rented by the landlord, the landlord's costs of rerenting, etc.

You should consult an attorney who can review your lease and the other circumstances and advise you.