Legal Question in Real Estate Law in Pennsylvania

Re: breaking a lease and getting the security deposit back

You are individually liable for the lease. If your roomate files bankruptcy, you will be the only one liable. Proceed with caution. You might consider asking the landlord to release you if your roomate does file bankruptcy. Suggest you consult legal counsel. The landlord can keep the security deposit if you break the lease. However, if you give enough notice he might be able to rent the apartment and therefore suffer no loss. In that case he will not be entitled to damges. Your liability will only be for the months in the term of the lease. Keep in mind if you stay to the end of the lease there may be notice requirements that must be made in a particular day prior to the end of the term. The usual period is thirty to sixty days. A failure to give such notice of termination could result in an automatic renewel for one year under most standard form leases in Pennsylvania. At the end of the lease you must provide in writing your new address to your landlord. The landlord then must return the security deposit within thirty days of termination of the lease. If he fails to return the security deposit under those circumstances you may sue for double the amount of the security deposit and be able to collect that amount less any damages to the apartment. Proceed with caution and be aware of all notices requiring specific periods of time.