breaking a lease

[nhdavis]

I have 6 months left on a one year lease and the landlord has said that I need to give 60 days notice, pay 2 moths rent in penalty and lose my security deposit. There is no "escape clause" in the lease. Can I leave without such an expensive penalty? Pennsylvania

 

[Gail in Georgia]

Not unless your landlord is willing to allow you to find someone to sublet or take over the remaining months on your lease.

Gail

 

[ecmst12]

Well you are getting out by paying only 5 out of the 6 months. And if they DO find a new tenant sooner, you should get a refund. In PA landlords are not REQUIRED to mitigate their damages, but most will make an effort anyway rather the let it sit empty.

 

[MIRAKALES]

A lease agreement is a legal document with a set term and specific conditions. The concept of an “escape clause” would make the lease term unenforceable. It sounds like the provisions in the lease require sixty (60) days notice of lease termination with forfeiture of security deposit for early lease termination. An early lease termination would be considered a lease violation which can be deducted from security deposit.

If the lease agreement states that two (2) months penalty is required for early lease termination then it would be legal for tenant to termination before the expiration. If the lease agreement does not acknowledge early termination then tenant will need LL’s written permission to avoid legal action and responsibility for the six (6) remaining months of rent. It sounds like LL has given tenant an “escape clause” which requires two (2) months rent plus security deposit.

Essentially, this will cost at least five to six months in rent depending on the security deposit amount.

 

[HomeGuru]

I have 6 months left on a one year lease and the landlord has said that I need to give 60 days notice, pay 2 moths rent in penalty and lose my security deposit. There is no "escape clause" in the lease. Can I leave without such an expensive penalty? Pennsylvania

**A: I do not deem that you will be paying such an expensive penalty. The last I heard 2 moths were cheap in PA. It's those colorful butterflies that are expensive.

 

[nhdavis]

thanks everyone for the advice. I guess I will have to pay the 5 months of rent (60 days + 2 months penalty + lose of security).