Legal Question in Real Estate Law in Pennsylvania

Termination of Rental Lease

I have a friend who's lease says, ''the terms of this lease shall be automatically renewed upon the same terms and conditions for another year and so on from September 1, 2002 to August 31, 2003.'' Does this mean after August 31, 2003 the lease is no longer valid? She wants to break her lease now and tried to give the landlord 30 days notice to move. He said, however, that she was not permitted to leave until August 31 of 2004 since that would be the end of her lease. Who's right?


Asked on 12/03/03, 11:31 pm

1 Answer from Attorneys

Re: Termination of Rental Lease

This is not legal advise. I can not give legal advise where we do not have a atty-client relationship. You need to consult an atty who is familar with tenant-landlord law in PA. That said, I can make certain general commnets based upon the limited facts given.

Generally speaking, after the initial term of a residential lease, the lease becomes a month-to-month lease, unless specifically stated otherwise. The terms of the contract should prevail, however, where the lease is ambigious, the lease shall be interperated in whatever manner the tenant interperates the terms, unless that interperatation is unreasonable. Here, the lease appears to end August 31, 2003, making her current tennancy a month-to-month lease. You can not stop the landlord from holding her security deposit, but she can take him to tenant-landlord court for the deposit, and should HE file a complaint against the teant, the tenant should have a valid defense as to the term of the lease.

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Answered on 12/04/03, 10:40 pm


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