Legal Question in Real Estate Law in Pennsylvania

Ending a lease early

I'm buying a home and ending my lease early. There is a waiting list to get into my apt community, and NOTHING on my lease mentions penalty for early termination.

My landlord sent me a letter stating I must sign to agree to paya cancellation fee equal to the remainder of the term, and the rite to sublet the unit.

This 'Cancellation fee' was not signed or mentioned at the time of signing the lease, There will also be no problem in finding another tennat immidiately.

Can I still be held responsible to this fee that I've never agreed to, though they get a new tennat?

Please advise!

Also, if you can refer me to an attorney to write a letter for me in Pennsylvania, I would gladly pay. I just do not want to deal with the stress.


Asked on 9/18/00, 8:53 pm

3 Answers from Attorneys

Stanley Fudor Law Offices of Stanley Fudor

Re: Ending a lease early

The lease will determine your legal rights. It should be examined by an attoreny to see the best avenue for you take. You might be able to "pay off" the landlord instead of being responsible for the balance of the lease.

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Answered on 10/18/00, 11:20 pm
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Ending a lease early

The lease documentation should be reviewed by an attorney. Generally if a tenant breaks a lease without the consent of the landlord, the tenant is liable for any loss suffered by the landlord. A cancellation fee should not be paid if you have the right to sublease. If the Landlord rents the property and suffers no loss he is not entitled to damages. If there is a waiting list and the Landlord rents immediately he is not entitled to a cancellation fee. Remember you may have a security deposit. If you do not have the right to sublease you will be taking a chance that the landlord may refuse to rent. However, it may be a risk to take. Suggest you discuss this matter with qualified legal counsel before making any committment. Remember in Pennsylvania a landlord is under no duty to mitigate his damages if a tenant violates the lease. It sounds like your landlord is attempting to make some extra income with the cancellation fee. You might want to offer to reimburse him for any loss that is suffered after you move out. Take your security deposit into consideration. There are some specific notice requirements imposed on the landlord about returning your security deposit. But that is another question.

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Answered on 10/18/00, 9:29 am
Murray Eckell Eckell,Sparks,Levy, Auerbach,Monte,Rainer,&Sloane

Re: Ending a lease early

Unfortunately, you are resposible for rent for the term of the lease. The lease is a contract and you have promised to pay for the entire term. The only way around this issue is to examine the lease and see if you can sublet. If so, then do it and collect the rent yourself from the subtenant for the balance of your lease. Remember, if you can do this , you can only sublet for the remaining time on your lease. If your lease prohibits subletting, then you are stuck. You could just walk away and let your landlord sue you, perhaps you could settle for less than the full balance due.

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Answered on 10/18/00, 10:52 am


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