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When Breaking A Lease Is Justified In Pennsylvania
When Breaking a Lease Is Justified in Pennsylvania
A lease obligates both the landlord and the tenant for a set period of time, usually a year. Both the Landlord and the Tenants must follow the terms of the lease. Usually, it obligates the Landlord to not raise the rent and the tenants are obligated to pay rent for the full lease term. These monthly rent payments, whether or not the tenants continue to live in the rental unit, are due and payable by the tenants --- with some exceptions.
Military Active Duty
If the tenant enters active military service as part of the War & National Defense Service Members Civil Relief Act. The tenant must be part of the "uniformed services" which includes the armed forces, the activated National Guard, Public Health Service and Oceanic Administration commissioned corps. The tenant must give the landlord written notice of the intent to terminate for military reasons along with the proof of military service and deployment. The lease will terminate 30 days after the next rent payment is due. The remainder of the lease term is cancelled with this military service.
Rental Is Unsafe or Violates Pennsylvania Health or Safety Codes
If you as a landlord do not provide habitable housing under local and state housing codes, a court would probably conclude that your tenant has been “constructively evicted.” This means that by supplying unlivable housing, you have for all practical purposes “evicted” your tenant.
The problem must be truly serious, such as a lack of heat, water damage, mold issue, or other essential service, or a major repair problem not being repaired. If your tenant can prove that you were notified of the problem and did not address it promptly, putting your tenants at risk, they have the right to leave and break the lease.
Harasses Your Tenant or Violate Tenant Privacy Rights
Pennsylvania does not have a state law that specifies the amount of notice you as a landlord must give to enter rental property. Most leases have a 24 hour notice that must be followed with the only exception being a true emergency. If you repeatedly violate your tenants right to privacy, or do things like removing windows or doors, turning off utilities, or changing the locks, you would be considered “constructively evicting,” as described above.
If your tenant can prove that you violated their rights by entering without proper notice or make the property unlivable, they have the right to leave and break the lease.
Hope this Helps.
Kathy McKinney, Realtor
Platinum First Realty, Harleysville
Office 267-647-9800 ext 412
Platinum Search Website: www.kathymckinney.com
Bank Foreclosures Website: www.reohomespa.com
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