Legal Question in Real Estate Law in Pennsylvania

Automatic Lease-Roll-over clauses

I have recently been informed that b/c I did not send in a notice of lease termination, the current lease to the property I am renting has been rolled over for another ENTIRE year. It does state in the lease that if notice is not given, such will be done, however I have been told that in the state of Pennsylvannia, it is NOT legal to roll a lease over for an ENTIRE year, even if such is stated in the lease. In order for that to be legally binding, it must be NOTORIZED AND WITNESSED. I do not believe the lease was notorized and witnessed. We have signed a lease break agreement in which we agree to find new tenants to the townhouse if we wish to leave. My question is this: Are we LEGALLY bound to the property for another ENTIRE year? If so, is it because of the lease agreement or signed Lease-break agreement (the signatures recognizing that we agree to find new tenants). Or can we get out of this lease b/c it is illegal to roll over the lease for an entire year to begin with?


Asked on 9/17/97, 2:58 pm

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Automatic Lease Renewal Issue

In Pennsylvania the automatic renewal for a one year provision is enforced regardless of whether the lease is notarized. A landlord has a duty to mitigate his damages. A tenant would be responsible for any loss in rental income that a landlord would have been entitled for any months during the year the property is vacant. Liability then is present in the fact situation you described. Find a tenant that is acceptable to the landlord and obtain a release. Do not remain liable on the lease. In that case you may have to pay if the new tenant defaults in his payments. So be sure you obtain a full and complete release. In summary it is not illegal to roll over the lease for one year. A judgment in a lease default could subject the tenant to a wage attachment. This is a new provision in Pennsylvania law. Good luck.

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Answered on 9/17/97, 4:52 pm


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