Legal Question in Real Estate Law in Pennsylvania
Rental Lease agreement
We have been living at the same address and rented it for the last 3 years. But only signed a one year lease, the first year. We never signed anything else after that year was up. We have been offered a house elsewhere but need to move into within a week or two otherwise we will lose it. I gave the landlord notice on the 20th that we will be out by the 1st of Oct. and she said that we are to give them 30 days notice as bound by our lease, the lease has been standing for three yrs even though we never signed a new one. And to pay the rent for the month of Oct and are responsible until the 20th of Oct. for the apartment. Our we bound by this agreement? I asked if she could just keep the security deposit as long as the apartment is in good shape (they know it is they are here all the time and my husband was the ''maintenence'' guy for him.they said no it is illegal. Is that also true? Where do we stand?
2 Answers from Attorneys
Re: Rental Lease agreement
Your original lease should be reviewed. However, assuming it terminated and you went on a month to month rental, you are required to give thirty days notice. Your landlord is correct. There are other factors but the minimum amount of notice would be thirty days. If I can be of any assistance let me know. Gerald Hershenson Esq. 215-579-9390
Re: Rental Lease agreement
Your rights to end the lease would be governed by the written lease you had. It probably had terms that governed if the renewals each year were automatic or required you or the landlord to do anything.
Although you probably have to give at least 30 days notice before ending the lease, if you are now a month-to-month tenant, there is nothing "illegal" about a tenant and landlord agreeing to terminate the lease and applying the security deposit as the last month's rent. Any such agreement should be in writing and signed by you and the landlord. You may wish to have an attorney assist you in documenting the lease termination so that you will not face any future claims against you by the landlord.
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