Legal Question in Real Estate Law in Pennsylvania

Termination of lease

My room mate recently passed away.

we co signed a 1 year lease till Mar

09.

I cannot afford to stay in the

apartment. What are my rights and

responsibiltiies? ill I loose my security

? How does his death affect our

obligation?


Asked on 8/17/08, 1:57 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: Termination of lease

Generally, leases provided that each of 2 tenants is responsible for the entire rent for the entire term. The death of your roommate does not change that.

If your lease permits, you may want to consider finding a new roommate to share the lease responsibilities and the apartment until the lease ends.

Unless the landlord agrees to let you terminate your lease early, you will be in default and would lose your security deposit. It is worth talking to the landlord and asking what your options are in light of the death of your roommate. The landlord may allow you to terminate sooner than March 2009 for a payment of a number of months' rent, but fewer than the entire term.

If you have any such agreement with the landlord, be sure that there it is in writing, spelling out the terms of your obligation and your rights, including that you will have no further liability after those conditions are satisfied.

You should be aware that if you are in default, your landlord may sue you for the balance of the rent due under the lease. A judgment against you would affect your credit. Late payments or default may also be reported to credit agencies. Many landlords [and employers] check credit reports before they approve a lease or a new employee, so you may find it more difficult to get a new apartment or job.

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Answered on 8/17/08, 3:15 pm


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