Legal Question in Real Estate Law in Pennsylvania

My daughter is a student at a state university in PA. She has signed a lease with 3 other girls for a house with the rent 2500.00 per semester. I cosigned.

We just received a letter stating that one of the girls is not returning and the remaining 3 girls now must pay 3300.00 per semester. Is this legal?


Asked on 6/20/12, 2:02 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

The lease controls what happens. If the lease has not expired, the rent should not change unless the lease says that the house cannot be occupied by only the 3 remaining girls. Unless the lease was based primarily on the credit of the girl who is leaving, there should be no change in the rent.

Most leases allow the landlord to change the provisions like the rent amount, but notice must be given to the tenant within a certain time before the lease expires. The Tenant also has the right to end the lease when it expires without renewing it, and that notice must be given to the landlord within a certain time before the lease expires.

The lease should say what will happen if no notice is given, and how long the tenant has to respond or to give notice that the tenant will not renew the lease. Many leases are also automatically renewed, and unless the tenant gives notice within the time stated in the lease that the tenant will not renew the lease, the tenant will remain responsible for the following lease period.

So long as the remaining tenants continue to pay, there should be no change until the lease expires. Again, look at the lease to make sure what it says about all 4 tenants remaining, if it is close to the expiration of the lease and if the landlord has the right to give notice about changing any terms in the lease and when, and so on.

It's impossible to know about a lease without carefully reading and understanding the entire document.

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Answered on 6/20/12, 6:12 pm


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