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?
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?