Legal Question in Real Estate Law in Pennsylvania
Breaking a month to month lease
I was in a one year lease and after one year it became month to month. The lease said 60 days notice of terminating the lease. I gave 50 days notice due to relocation for a job. The Landlord said we would need to pay for the next two months. I offered to help find someone to occupy the residence when i needed to move and she agreed to this term and give the security deposit back plus the last months rent. She found someone to occupy the apartment and is now not giving the last months rent back. I have filed a claim and I am searching for some kind of justification to recieve my money back. Can you help?
2 Answers from Attorneys
Re: Breaking a month to month lease
The landlord has to prove that he suffered damages in lost rent. If he has not incurred a loss you are entitled to a return of the security deposit. Also in Pennsylvania a landlord is required to give notice before thirty days has expired after the leasehold interest is terminated. That notice must specify the reasons for any deductions of the security deposit. A failure to give such notice makes him liable for a claim for double the amount of security deposit. Suggest you consult legal counsel.
Re: Breaking a month to month lease
Mr. Hershenson is correct, if the landlord cannot prove a loss of rent or damages you are entitled to your moeny back.
this should be simple matter, if you are in the Pittsburgh are and would like a no cost initial meeting you can call my office at 412-916-1677.
Brandon Barnett
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