Pennsylvania Agreed Termination of Lease and Surrender of Premises
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FAQ
I would like to state that, as per the agreement issued on // (Date) our tenancy period will be ending on // (Date) and therefore, I am willing to surrender the tenancy agreement. I request you to kindly proceed with all formalities and refund all security deposits I have made.
Surrender of the lease A lease is surrendered when the tenant's interest is transferred back to the landlord and both parties accept that it will be extinguished. This can be done formally, by deed, but this is not always necessary.
In general, you can only end the tenancy early if your landlord agrees. Your landlord does not necessarily have to do so. You will remain responsible for paying the rent until the end of the tenancy contract or the next break clause point.
In general, most states allow a landlord to terminate a lease or rental agreement if the tenant: Fails to pay rent; Violates a clause in the lease or rental agreement; Violates a responsibility imposed by law.
While you are legally bound to pay rent for the entire term, you don't have to pay it in cases of harassment. Other situations like joining the military can also legally justify breaking an apartment lease in Pennsylvania.
Surrender - If the lease does not contain a break option, it can only be terminated early if the landlord is in agreement with this. This is known as a surrender. It can either be documented in writing, or it can be inferred from the conduct of the landlord and the tenant by "operation of law".
Read over the lease and look for language that outlines agreed-upon terms for ending the lease before the end of the fixed period, such as the amount of the fee (i.e., equal to 2 month's rent) and the amount of notice required (i.e.. 30 days).
According to the Fair Housing Commission's website, if you're in that situation, you can terminate your lease at any time without penalty. For help, Garland recommends contacting the Philly Tenant Hotline at 267-443-2500. There are few other reasons that you can get out of a lease without penalty in Pennsylvania.
Where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
Surrender of the lease A lease is surrendered when the tenant's interest is transferred back to the landlord and both parties accept that it will be extinguished. This can be done formally, by deed, but this is not always necessary.
