Legal Question in Real Estate Law in Pennsylvania

Q: My tennant broker her lease ( signed on for 12 months but left after 9) but her boyfriend has asked to remain in the property to complete her obligation. Do I need a new lease ? What happens to her pet & breakage deposit ? The home is under the control of a property management company .


Asked on 11/23/11, 6:12 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

First, you have the right to sue her to enforce her obligation under the lease for the rest of its term. You do not have to refund her deposit at this time, since she did not vacate and turn the property over to you as she should have at the end of the lease term.

Second, was the boyfriend also on the lease? If so, and if the lease has what are customary provisions, his obligations would be "joint and several" - that is, each of the tenants was fully responsible for the obligations under the lease, not 50/50. Thus, so long as he keeps paying all of the rent due and does not otherwise violate the lease, he may stay without a new lease.

If the boyfriend is not named as a co-tenant in the lease, you may allow him to remain and probably should have a written agreement with him.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 11/23/11, 8:44 am


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