Legal Question in Real Estate Law in Pennsylvania

I am having a problem with a renter. My aunt died in December and I am the executrix. She lived in one side and rented the other side of a duplex. The lease agreement both she and the renter signed is generic, probably purchased in an office store.

The lessor wants out of the lease with no penalty ( she wants her security deposit back) I told her she could leave early however she would forfeit her deposit of $465.00

The lease says total rent for the term $5580.00 rent in the amount of $465.00 shall be paid on the !st of every month beginning Sept. 1, 2009. There are no start or end dates. I believe that the total is saying 12 x 465= 5580 is self explanatory. The lease continues by saying the security deposit will be returned if the obligations of this lease are fully discharged. Can I make her pay the remaining two months rent and if she leaves must I return her deposit?


Asked on 6/16/10, 4:31 pm

1 Answer from Attorneys
Rachel Hunter

The lessor does not get out of the lease with no penalty. There is no privilege to break a lease. Read the lease. If the tenant wants sout, she either needs to pay the rent for the remainder of the term. The security deposit is for you as security for any unpaid rent or damages. If the place is ok when she leaves and if there is no unpaid rent, then she gets the security deposit back.

I suggest that you tell the tenant that she can go. Do a move-out inspection with the tenant and note any damages on a move out inspection sheet. Take pictures before you do the walk-through with the tenant. Look online - they are available for free. Try www.ilrg.com. Allow the tennt to leave. If you want to re-rent, start advertising the place. If you find a tenant, this will limit your damages. You might also want to ask the tenant if she knows anyone. The sooner you find a replacement the smaller the damages will be. Next time. don't use a lease from an online store. Pa. has a standard lese - you might want to check with a PA. realtor if they have one or an attorney who does residential leases

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Answered on 6/17/10, 10:06 am


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