Legal Question in Real Estate Law in Pennsylvania
Notice to Vacate
About 2 weeks ago I went down to the leasing office of my current apartment residence and asked the leasing representative some questions about giving notice to vacate. I had never seen this person before. I asked her when my lease was up. To this she pulled out my lease and informed me that my current 2 month extension was up on April 30. I then asked if I was giving sufficiet notice. She replied that I was. I then asked if there was going to be any fees or consequencial fees to be paid after April 30. She replied no. She told me I was free to leave on April 30. Yesterday I went back with a letter I recieved with the date June 30 on it. I was told I had to pay through then because I had not given 60 days notice. Upon explaining what had happened when I gave my written notice the Leasing rep. and the manager told me they didn't know what I was talking about. My question is if the leasing rep told me that I was free to leave on Apr. 30 with no more fees required, and now they are telling me that I needed to give 60 days notice on a 2 month lease, is there any statute or way that I can leave my current apartment on April 30 without having to pay for May and June?
1 Answer from Attorneys
Notice to Vacate - Responsibility for More Rent
Do you have a copy of your written lease? If so, it usually spells out how much notice (usually before the end of the current term) you have to give. If you miss the deadline for giving that notice, often the lease provides that it will automatically renew for another term (e.g., if the lease was for one year, for another year), or that it will become a month-to-month lease. Was there a written two-month extension? what did it say?
Oral notice by way of a conversation with someone in the management office, unfortunately, does not protect you. You always want to have/give a written notice, and get evidence that it was received, either by having the person to whom you deliver sign an extra copy of the letter, or sending it via US Postal Service, return receipt requested.
Depending on what was written in the lease and in the extension, you may still have to give "adequate" notice in writing, and may therefore be responsible for rent beyond April 30, 1998.
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