Automatic renewal on 2 year lease .tenant wants out two months later : ezLandlordForms

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Automatic renewal on 2 year lease .tenant wants out two months later

Brian W

started a topic over 10 years ago

I have a tenant who was previousely under a 2 year lease agreement. The lease was up for renewal May 1 , 2013. I have a 30 day notice clause BEFORE end of lease or the lease automatically renews for the original term ( 2 years). the tenant was contacted several months prior to the end of the lease to see if they wanted to renew. They didn't want to commit to a lease at that time. fast foward to end of June and the tenants want to give 30 days notice to end their lease. I am holding them to their two year lease ,as they had originally stated that they fell on hard times and they could not afford the rent. They have vacated the property. I was going to work something out like they cover the month or two it will take to remodel and find a new tenant so they would not be held to the remainder of the two year lease since they originally stated they could not afford the rent. Come to find out that they have bought a house and not fallen on hard times. My questions are these: 1). can I hold them liable for the remainder of the two year lease even though they have moved out since my lease stated that 30 days was required to give notice PRIOR to the end of the lease agreement? 2). Is there a statuate or law governing this issue in the state of PA? 3). Is my lease the way it is written a legal contract that any magestrial court would uphold? 4). If i get a tenant within 1.5 months and a judgement is ordered against the tenant, will I be able to collect or place a lien against them for the full term of the lease after I rent the property? 5). Am I still required to produce a check out list of damages and return a portion of the security deposit even if the tenant has moved out and has stopped paying the rent? 6). am i required to return the security deposit within 30 days if i can negotiate that the tenant pay for the month i rehab the place and find a new tenant in lieu of taking him to court for the remainder of the two year lease? Any help would be appreciated!!

1 Comment

Karen C

said over 10 years ago

Wow Kevin... 1. You can only hold tenants liable for months the home remains vacant. As a landlord, you have the responsibility to mitigate your losses by renting the home as quickly as possible however, until you do, the tenants are legally still responsible. 2. Yes, there is a PA statute governing this http://www.attorneygeneral.gov/uploadedFiles/Consumers/landlord_tenant_act.pdf 3.You will likely have a difficult time getting a judge/magistrate to uphold this 'auto-renewal 2 yr lease' 4. See # 1 5. You are always required to provide a detailed account of how security deposit monies are spent or not spent w/in 30 days. In the case of a full month's vacancy, you could just indicate one month's rent deducted. If any money is left, you must return it or account for what it was used for. NO EXCEPTIONS. 6. You are required to return the deposit if you cannot account for spending the SD. In any event, you must provide a detailed account w/in 30 days or you will risk owing the tenants double the SD. If you can get the tenants to agree to forfeiting the deposit, get it in writing. Hope this helps. I am not an attorney, nor do I know much about PA, but I have been in the business for a long time and pretty much know how these things work. You should take a look at the link I sent to familiarize yourself with the law. Not doing so could potentially cost you big bucks.