Legal Question in Landlord & Tenant Law in Pennsylvania

My son signed a rental agreement with his girlfriend for a one year lease. Now due to some personal problems, his girlfriend moved out and he is unable to afford the rent on his own. Since they signed the 1 year lease, in order to get out of his obligation, he must give them 2 months written notice, and then give 2 months rent up front, and after inspection of the apartment, he will get 1/2 of this back. What can legally happen if he just moves out and hands in his key? He did put down a security deposit of 1 months rent. Thanks!


Asked on 7/30/10, 8:49 am

1 Answer from Attorneys

I cannot discuss your son's legal issue with you for ethical reasons if he is a legal adult and over 18. There is no right to break a lease in general and not because of the reasons you cited. Know that in PA, while there is no wage garnishment in general, wage garnishment is allowed for tenants who stiff their landlords and skip out on the rent.

My advice would be that your son needs to read his lease and if the lease says he can go after paying 2 months' rent as liquidated damages, then that is what he needs to do or else risk a judgment and wage garnishment. Judgments can last a long time (5 years and can be revived after 5 years for land) and 20 years for personal property (anything other than land).

Before he leaves, he needs to leave the apartment Girl Scout clean (better than he found it). He needs to fix any damage, even minor nail holes in the walls. He should take pictures showing the condition of the premises as he leaves them. He then needs to do a moveout inspection within 3 to 7 days after he leaves. Following the moveout inspection, he needs to give the keys back to the landlord and leave a forwarding address. He needs to get a copy of the signed moveout inspection sheet too.

The security deposit is not to be used in lieu of rent. It is security for damage to the property. To make sure your son get his deposit back, he needs to do what I have outlined. If he does not do as instructed, then there is a possibility that the landlord will find all kinds of damage and will retain the security deposit. Fixing any damage, taking pictures, doing the walkthrough will eliminate any possible mischief by the landlord. And taking pictures will be a backup in case the landlord tries to manufacture damages.

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Answered on 8/04/10, 11:28 am


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