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Leaving apartment before lease ends.

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taviscostik

Junior Member
My question is about tenant/landlord law in the state of Pennsylvania.

About two months ago, my girlfriend got a job offer in another state, which she accepted. At the time, we lived in an apartment complex which catered to students (we both graduated this past spring.) We've never had problems with the landlord, but others have had less than stellar experiences, so I want to get all my ducks in a row regarding the 30 day security deposit return that PA's Landlord and Tenant Act of 1951 mandates.

Our original lease ran from August to May. At the beginning of March we signed a lease extension so we could stay till the end of August. We paid the entire summers rent at the time we signed the extension; $1800 total. At the end of May, my girlfriend got a job offer in another state, so we let the landlord know we'd be moving out at the end of June. He said that wasn't a problem, wished us luck, and that was that. We moved out and surrender the keys to them June 23rd. The thirty day limit was yesterday, however, one of the clauses of the lease states that: "If the tenant leaves the apartment/house prior to the end of the lease term, the time in which the landlords is required to return the security deposit remains the date of conclusion of the term."

How legal is this? The PA LaTA of 1951 clearly says that:

"Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable."

There's nothing in the Act that stipulates that a landlord can refuse to accept the rented premises." My understanding is that a lease can include provisions that are less restrictive that state law, but can't include revisions that are more strict. Nor can clauses be legally enforced if agreeing to them denies tenants state-given rights.

Any help here?
 


Just Blue

Senior Member
My question is about tenant/landlord law in the state of Pennsylvania.

About two months ago, my girlfriend got a job offer in another state, which she accepted. At the time, we lived in an apartment complex which catered to students (we both graduated this past spring.) We've never had problems with the landlord, but others have had less than stellar experiences, so I want to get all my ducks in a row regarding the 30 day security deposit return that PA's Landlord and Tenant Act of 1951 mandates.

Our original lease ran from August to May. At the beginning of March we signed a lease extension so we could stay till the end of August. We paid the entire summers rent at the time we signed the extension; $1800 total. At the end of May, my girlfriend got a job offer in another state, so we let the landlord know we'd be moving out at the end of June. He said that wasn't a problem, wished us luck, and that was that. We moved out and surrender the keys to them June 23rd. The thirty day limit was yesterday, however, one of the clauses of the lease states that: "If the tenant leaves the apartment/house prior to the end of the lease term, the time in which the landlords is required to return the security deposit remains the date of conclusion of the term."

How legal is this? The PA LaTA of 1951 clearly says that:

"Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable."

There's nothing in the Act that stipulates that a landlord can refuse to accept the rented premises." My understanding is that a lease can include provisions that are less restrictive that state law, but can't include revisions that are more strict. Nor can clauses be legally enforced if agreeing to them denies tenants state-given rights.

Any help here?
bump////////
 

mwooster

Junior Member
My question is about tenant/landlord law in the state of Pennsylvania.

About two months ago, my girlfriend got a job offer in another state, which she accepted. At the time, we lived in an apartment complex which catered to students (we both graduated this past spring.) We've never had problems with the landlord, but others have had less than stellar experiences, so I want to get all my ducks in a row regarding the 30 day security deposit return that PA's Landlord and Tenant Act of 1951 mandates.

Our original lease ran from August to May. At the beginning of March we signed a lease extension so we could stay till the end of August. We paid the entire summers rent at the time we signed the extension; $1800 total. At the end of May, my girlfriend got a job offer in another state, so we let the landlord know we'd be moving out at the end of June. He said that wasn't a problem, wished us luck, and that was that. We moved out and surrender the keys to them June 23rd. The thirty day limit was yesterday, however, one of the clauses of the lease states that: "If the tenant leaves the apartment/house prior to the end of the lease term, the time in which the landlords is required to return the security deposit remains the date of conclusion of the term."

How legal is this? The PA LaTA of 1951 clearly says that:

"Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable."

There's nothing in the Act that stipulates that a landlord can refuse to accept the rented premises." My understanding is that a lease can include provisions that are less restrictive that state law, but can't include revisions that are more strict. Nor can clauses be legally enforced if agreeing to them denies tenants state-given rights.

Any help here?
Sounds like you might have a case. I'd contact the landlord first regarding the security deposit and explain what you just said to him. If he's not receptive to your request, you might be able to get this to court. In Maryland, when you win you get your $ and penalty back.
 

Just Blue

Senior Member
Sounds like you might have a case. I'd contact the landlord first regarding the security deposit and explain what you just said to him. If he's not receptive to your request, you might be able to get this to court. In Maryland, when you win you get your $ and penalty back.
OP is not in MD. Stop posting about what could happen in a state that has NOTHING to do with the OP, :rolleyes:
 

taviscostik

Junior Member
Sounds like you might have a case. I'd contact the landlord first regarding the security deposit and explain what you just said to him. If he's not receptive to your request, you might be able to get this to court. In Maryland, when you win you get your $ and penalty back.
Thanks. I talked to a friend of mine who's a lawyer (Not tenant/landlord, unfortunately) and he told me basically the same thing. PA's Landlord and Tenant Act also has says this; in Section 250.512D "Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable." Since that section automatically invalidates the lease clause that gives the landlord more time, the original, state mandated 30 day limit applies.

I've sent the LL notice, so we'll see what happens.
 

Just Blue

Senior Member
Thanks. I talked to a friend of mine who's a lawyer (Not tenant/landlord, unfortunately) and he told me basically the same thing. PA's Landlord and Tenant Act also has says this; in Section 250.512D "Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable." Since that section automatically invalidates the lease clause that gives the landlord more time, the original, state mandated 30 day limit applies.

I've sent the LL notice, so we'll see what happens.
The poster you are responding to is in another state from you and has NO CLUE regarding his own LL issues nevermind yours.

Seriously...Wait for one of the members that can assist you to post. :)
 

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