Legal Question in Real Estate Law in Pennsylvania
Tenant responsibilitiy on breaking a lease
I have just been furloughed as an airline pilot and must break an apartment lease. The apt. complex wants approx $3400 in fees to do so. My actual deposit was $300. I have no income! Can I just walk away?
2 Answers from Attorneys
Re: Tenant responsibilitiy on breaking a lease
Your lease must be reviewed in detail. You might want to consult with legal counsel. That being said in Pennsylvania a loss of job does not relieve anyone of there lease obligation. The landlord can demand an amount to release you. I believe they are being a bit heavy handed. If you breach your lease the Landlord can only collect as damages the amount of their actual loss. However, you are still liable for the balance due unless there is a provision under the lease to relieve you of that obligation. You might want to consider subleting the unit if that is permissible to reduce your losses. If I can be of any assitance lease let me know. I will be happy to review the lease at a minimal fee. Gerald Hershenson Esq. 215-579-9390
Re: Tenant responsibilitiy on breaking a lease
The lease probably states a term, usually one year, and you are obligated to pay the rent for the entire term. Sometimes, landlords will permit tenants to "buy-out" of the rest of the term, at less than the full rent due, but not just for the security deposit. If you reach such an arrangement with the landlord, be sure to get a writing acknowledging your payment and releasing you from any further obligation on the lease.
While you can walk away without making the requested payment, you run the risk of having the landlord sue you for the balance of rent due, and taking a judgment against you. This will not only hurt your credit, many landlords will look at such information and refuse to rent to you in the future.