Tenant Rights in Pennsylvania to Get Out of a Lease
Because a lease is a legally binding document, renters in Pennsylvania should enter into tenancy with caution. Although state laws protect tenant rights, including those of prematurely terminating a lease agreement, it balances those rights against a landlords need to hold tenants responsible for their lease obligations. Because of this, there are only a few instances when a tenant may break a lease without renegotiating terms with a landlord.
Pennsylvania Lease Basics
Pennsylvania law recognizes oral and written leases, although disputing an oral lease is difficult for both parties, so most leases are written documents. Because a lease is legally binding, in most cases, a tenant must abide by its terms, including the length of the lease or early-termination clauses. If both parties wish to terminate a lease early, a lease may be amended in writing if signed by both parties. If a tenant chooses to move out prematurely, in most circumstances, the landlord has the right to hold her to any obligations, including rent payment, outlined in the lease.
Habitability
In Pennsylvania, buildings are leased with an implied warranty of habitability, which loosely guarantees that a landlord must keep the building safe for tenants, supplying heat, electricity water and sewage services and that the property must be generally safe and weatherproof. These distinctions rely upon a judges decision to prove. Tenants who feel their home is uninhabitable may withhold rent until the repairs are made or may seek to void the lease in civil court. While habitability issues may allow a tenant to void a lease, the decision must be made in court to free them of their legal obligations.
Other Tenant Rights
Pennsylvania grants tenants the right to privacy, as landlords must provide notice before inspecting the property in most non-emergency circumstances. Additionally, lease terms bind the landlord to the rent rate agreed upon at the start of the lease term. If tenants feel their landlord intrudes on these rights, they may seek to terminate the lease in civil court. As with claims of inhabitability, a judge must determine if theyre significant enough to provide cause for early lease termination.
Providing Notice
Tenants who wish to get out of a lease early may provide their landlord with notice that they wish to vacate the property at the end of a rent cycle. Although landlords arent legally obligated to grant tenants early termination of their lease, they may grant the request, particularly if the tenant agrees to help locate a replacement resident. A tenants right to sublet their apartment is determined by the lease agreement, although tenants may sublet their space in most cases unless the lease specifically prohibits it.
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