As a landlord in Pennsylvania, it’s important that you understand the local landlord tenant laws, real estate law, and federal law, including the Fair Housing Act. It's important to know the rules and regulations when it comes to renters breaking a lease early. Note that landlords or tenants ending the lease before the rental lease expires is not the same as evicting a tenant.
In this article, we will cover unjustified and justified reasons for early lease termination in Pennsylvania, so that you will be well informed on your rights as well as your tenants’ rights when it comes to this aspect of Pennsylvania landlord-tenant law.
Lease Agreements in Pennsylvania
Having a solid rental agreement is very important. When your tenant signs their lease and begins to rent your property, it is your responsibility as a landlord to make sure that they are aware of the penalties for unjustifiably breaking a lease early, and that they are aware of their rights to early lease termination.
If there is an early termination clause, make sure that your tenants are aware of the early termination clause as well as the lease termination notice requirements.
Every landlords' Pennsylvania rental agreement should also include how much notice a tenant must give when breaking their periodic lease.
According to Pennsylvania law, a tenant must provide for their landlord written notice before prematurely vacating the rental unit. This means 15 days’ notice if they pay rent monthly, for a year or less, and for an undetermined amount of time. They must give their landlord 30 days if they're paying rent on property for more than a year.
It is not the landlord's duty by Pennsylvania law to find a qualified replacement tenant, or to make reasonable steps to re-rent the apartment or rental unit to a new tenant when the current tenant breaks a lease early. A landlord also isn't required to "mitigate damages" by collecting the total remaining rent from someone else.
Finally, a solid lease agreement should include the tenant’s rights to rent or sublet their rental unit in Pennsylvania.
In Pennsylvania, subletting is not prohibited, so the landlord will have to explicitly include a clause in the rental agreement saying otherwise or outlining that they require their tenants to get their approval first before subletting the rental unit.
To request your approval for a sublet, the tenant should formally make the request and send it by certified mail. The request letter must include the following pieces of information:
- Name of the intended subtenant.
- Permanent home address of the proposed new tenant.
- The reason for subletting or leaving permanently.
- Tenant’s new address during the sublease, if applicable.
- Written consent of any co-tenant, if applicable.
- The terms of the sublease.
- A copy of the proposed sublease.
As a landlord, you have the right to reject the request based on legitimate factors, otherwise, you might be unreasonably refusing the sublet and could possibly violate fair housing laws.
Unjustified Reasons to Break a Lease
The below reasons are generally not enough justification on their own to release a tenant from the lease term, and as a result, provide no legal protection against penalties for breaking the lease.
Since a lease or rental agreement is a legally binding contract, tenants are expected to fulfill the terms of the contract for the entire lease term or until they reach an amicable agreement with their landlord.
- The tenant bought a house.
- The tenant is relocating for a new job or school.
- The tenant is moving in with a partner.
- The tenant is moving from the property to be closer to family.
Breaking a lease for any of the above reasons without approval from small claims court or under any conditions not previously outlined can have tangible penalties for tenants. If a tenant would like to terminate their lease for any of these reasons, the tenant should ask the landlord to agree to a mutual agreement.
Justified Reasons to Break a Lease
As a landlord in Pennsylvania, you must also know the justified reasons for a tenant to move out prematurely. This means they'll be able to break their lease without legal penalties. Below, you will find legally justified reasons to break a lease that extend beyond simply having an early lease termination clause in your lease, or having an unenforceable or voidable lease agreement.
Active Military Duty
It is considered legally justified to break a lease prematurely if the tenant is starting active military duty or has received a permanent change of station after signing a lease with their landlord. Tenants entering active military service are protected by the Servicemember Civil Relief Act or SCRA.
To break a lease agreement early, the tenant must give you written notice along with a copy of their active duty orders. The notice must be given at least 30 days before the projected end date. The tenant must also have proof that they signed the lease on a date prior to being enlisted.
Once the notice is provided, the landlord can break the lease, and the tenant’s lease responsibilities, including paying any remaining rent, will end 30 days after the next rent payment is due.
It is also important to note that the SCRA protection won’t apply if your tenant signed the lease after receiving their permanent change of station or deployment or if the lease is with the government itself. Consequently, your tenant may still be responsible for any remaining rent payment or other applicable fees owed for the entire lease period if you don't re-rent the unit to a new tenant.
Domestic Violence
In Pennsylvania, domestic abuse or violence victims can legally terminate a lease agreement early without penalties. However, it will not always be automatic and must be determined by a court.
If approved by a court, your tenant may terminate the lease or rental agreement if they are a victim of domestic abuse, stalking, or sexual assault according to the Protection from Abuse Act (PFA).
Through this act, your tenant can obtain a court order that highlights stipulations on the victim's safety that may include prohibiting the abuser from contacting or approaching the victim within a specified distance.
To terminate the lease agreement without penalties, the tenant must provide their landlord with a written notice along with the PFA order and a statement that they are terminating their lease agreement because of domestic violence.
Landlord Harassment
As a Pennsylvania landlord, you must respect your tenants’ right to quiet enjoyment. It is their right to enjoy the property they rent without interference from the landlord or other people during the tenancy.
Pennsylvania laws state that it is considered reasonable to break the lease or rental agreement if the landlord fails to respect tenant rights or engages in landlord harassment or discrimination. This also applies if the landlord repeatedly violates fair housing laws.
While there is no mandate under any landlord tenant laws in Pennsylvania on the amount of warning a landlord must provide, it is recommended to give 24 hours' notice before visiting the property.
Conclusion
Now you are well-versed when it comes to breaking a lease in Pennsylvania. If you have any questions about other aspects of property management, please reach out to the team at TrustArt Realty!
We are a leading property management company in Philadelphia and have worked with landlords and investors in the area for many years. We’d love to work with you, too!
Disclaimer: This blog is not intended to be used as a substitute for professional legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your rental property management needs.
