Legal Question in Real Estate Law in Pennsylvania

Breaking an Apartment Lease Legally

How can we get out of our 1 year lease in an apartment complex, we now have the oppertunity to buy a home... Is there a way to do this legally?


Asked on 3/01/00, 8:33 am

2 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Breaking an Apartment Lease Legally

I suggest you have legal counsel review your lease. I suspect that you can not break the lease without the landlord's consent. Speak to your landlord and ask if you can be released from the lease or sublet your unit. As long as the landlord does not lose any rental income a reasonable solution can be reached. If you attempt to break the lease without notice to the landlord you could be liable for his losses. A purchase of a home is not grounds for breaking a lease. Good luck. Most landlords will act reasonably if they do not suffer a loss and have time to plan your leaving the unit. It may cost you a few months rent, but it might be worth it. Good luck.

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Answered on 3/14/00, 8:03 am
Miriam Jacobson Retired from practice of law

Re: Breaking an Apartment Lease Legally

Unless the lease permits you to terminate early (before the end of your lease term), you do not have the right to break the lease. You would be responsible for the rent payments and other obligations until the lease expires.

However, you may be able to negotiate with your landlord to "buy" your way out of the lease by making a lump sum payment of an agreed upon number of months' rent. It certainly is worth trying. Alternatively, maybe the landlord will permit you to find another tenant to take over the lease. Ask about this possibility if the landlord does not agree to a buy-out.

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Answered on 3/20/00, 5:14 pm


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