My lease expired a few months ago and I am now on a month-to-month tenancy. Rent is paid on first of every month and checks are cashed. No communication from landlord asking about renewal. Also, they do have a security deposit equal to one month's rent.
There is a provision in my lease that reads as follows:
"Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof but shall be terminated on 60 days' written notice served by either Lessor or Lessee on the other party."
The 60 days was left blank in the original document and filled in by hand. The problem is that I am looking to leave a lot sooner than 60 days. I have read that state statute in Pennsylvania requires only 15 days notice on a month-to-month tenancy for either tenant or landlord.
Also, the phrase "Should Lessee remain in possession of the demised premises..." makes this clause seem conditional to my living here; that is to say if I move out, I no longer have possession of the premises, and therefore the 60 day notice is irrelevant.
Can my landlord require me to give 2-months notice on a MONTH to MONTH tenancy, or does the statute override whatever verbiage is in the lease? Will this clause hold up in PA court if I defend against a potential lawsuit?
Please advise -- thanks!
There is a provision in my lease that reads as follows:
"Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof but shall be terminated on 60 days' written notice served by either Lessor or Lessee on the other party."
The 60 days was left blank in the original document and filled in by hand. The problem is that I am looking to leave a lot sooner than 60 days. I have read that state statute in Pennsylvania requires only 15 days notice on a month-to-month tenancy for either tenant or landlord.
Also, the phrase "Should Lessee remain in possession of the demised premises..." makes this clause seem conditional to my living here; that is to say if I move out, I no longer have possession of the premises, and therefore the 60 day notice is irrelevant.
Can my landlord require me to give 2-months notice on a MONTH to MONTH tenancy, or does the statute override whatever verbiage is in the lease? Will this clause hold up in PA court if I defend against a potential lawsuit?
Please advise -- thanks!