Legal Question in Real Estate Law in Pennsylvania
What exactly are the rights of a tennant?
Hello
My wife and I left our apartment in mid July of this year because of noisy neighbors. This was not a new issue for us as our previous neighbors were noisy and we had complained but they moved. The building just was not meant for more than a single family dwelling. We've been paying rent to our X landlords since July because they threatened they woudl destroy our credit and take us to court and owe for a year. We broke our lease as we had a right to but now we are paying double rents. THey have not done anything to expedite the process of finding a new tenant as they said they would and we are now into October and still paying. The last we heard was in a letter from them telling us they would be installing new carpet the 1st week of Sept. and would let us know how much we owed them down the road. Please help us. My husband has been out of work for months and I've been working 3 jobs just to pay them and us. Are we stuck? The lease says nothing about forcing us to pay rent for a year. I felt we were allowed to break it under these circumstances but we were ignorant of our rights and too scared of the landlords threats to do anything about it...until now. I am angry and we've been taken advantage of enough. What now? Thank you
2 Answers from Attorneys
Re: What exactly are the rights of a tennant?
I would have to see the lease to say much more about your situation other than the result seems harsh and you probably have options. Feel free to contact me at [email protected].
Re: What exactly are the rights of a tennant?
You asked about what happens when a party breaks a lease for cause.
When a party breaks a residential lease then they remain liable for any economic damage to the landlord. BUT, the landlord has a duty to mitigate its damages. Often a lnadlord will have a liquidated damages clause in its contract and this is usually two or three month's rent. Even without a liquidated damages clause the PA courts have would be loathe to find that dmages were any more than 2 or 3 month's rent. The landlord should be required to prove that they were diligent in seeking a replacement tenant.
In this case, you should seek the advice of counsel. But also, there is little that the landlord can do. Even if they were to sue then they would have to prevail. The judgment would give you guidance as to what was fair. There really is nothing a landlord can do to damage your credit. yes they can make a report to the credit agencies. But because you have a valid dispute you could have that removed rather easily. Even if you couldn't a single negative reference does not have a dramatic negative affect on credit.
I would consider suing the landlord for return of anything greater than 2 or three month's rent after you vacated. If this were me, I would sue for the entire rent paid plus emotional and medical damages. But then I'm well trained to be a ****. Lamdlod's tend to be bullies and the only way to deal with a bully is to stand up to them and and force their hand.
You can't win a fight when you refuse to show up, but you can be declared the loser.
Regards,
Roger Traversa
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