Legal Question in Real Estate Law in Pennsylvania

I renewed my lease with my apartment complex in the beginning of May for 1 year. The managing company of the apartment complex transferred owner in the middle of May. The lease I renewed was with the old managing company and I did not get new paperwork from the new managing company for signature. Due to financial circumstance, I will have to terminate my lease by the end of October. The lease agreement I signed with the old management company did not list penalties for terminating my lease. However the leasing manager of the apartment complex claim that my lease have been transfer to the new managing company, I will have to abide by their policy and pay the penalty for terminating my lease. Since I didn't sign on the new managing company's lease, do I still have to abide by the new management company policy in lease termination? Am I protected by my old lease agreement? Thanks!


Asked on 9/02/15, 9:24 am

3 Answers from Attorneys
John Davidson Law Office of John A. Davidson

Leases are like easements. That is when the new owner bought the property he brought it subject to the leases already in place. Unless you signed a new lease then the new owner is bound by the terms of the lease you signed.

The new landlord should have known this. One of the things the new landlord should have done is review the existing leases. If they didn't like the terms tough.

A lease is a contract. For a contract to be enforceable in court the party seeking to enforce a contract against you needs to produce a contract signed by you.

{John}

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Answered on 9/02/15, 9:46 am
Sharmil McKee McKee Law Office

I second what John said.

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Answered on 9/02/15, 10:24 am
ANDREA G. TILLIS Law Offices of Andrea G. Tillis

I agree with my colleagues. The new management company must adhere to the terms of the lease you signed. They cannot make you sign a new lease with different terms.

If the lease you signed does not contain any penalties for early termination by you, then the new management company is without any power to impose any penalties on you for early termination of your lease. As a courtesy, give them 60 days notice and the date on which you want to terminate the lease. Explain in one sentence in your letter to the management company that you are both bound by the terms of the lease you signed with the predecessor management company and no penalties were listed for early termination.

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Answered on 9/03/15, 10:00 pm


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