Legal Question in Real Estate Law in Pennsylvania

breaking a apartment lease contract`

At the apartment complex my roommate's car was stolen, a month later my car had an attempted theft. I notified them of the problems with a certified letter and requested early termination with the fees waived due to our auto loss of over $2,000. We requested them to reply within 10 days or we have no choice but to move out. no reply was made and we moved out. 30 days later we receive a notice from them that we owe $1280 for no notice and 1 month rent. We feel that they ignored our request and still in the notice did not mention anything about our letter. What are our rights regarding the additional fees requested by landlord


Asked on 4/13/98, 10:04 pm

2 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Breach by Landlord

You have not provided enought detailed information. However, it appears that you breach your lease by moving out without obtaining a release from the Landlord. If the landlord was negligent and the car loss was directly related to that negligence the landlord would have responsibility for the loss. The only defense that is recognized if the property was unhabitable you could be justified in breaking the lease. The fact that the landlord did not respond is not a defense. Also, in Pennsylvania a landlord has the right to attach wages to enforce collection of a judgement for back rent. Get an attorney as I believe you have some liability for payment of the rent.

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Answered on 5/01/98, 8:28 am
Miriam Jacobson Retired from practice of law

when can tenant break apartment lease

Usually, leases cannot be broken during the term. Some conditions, making the apartment uninhabitable, may be sufficient to allow the tenant to terminate the lease. Although safety issues are being raised more and more, the circumstances of the apartment property and what kinds of security the landlord is required to provide vary. You may still be responsible for your rent even though you gave a notice.

Please consult with a local real estate attorney with experience in landlord/tenant law.

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Answered on 5/06/98, 12:00 pm


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