How to Transfer a Lease to a New Tenant in Pennsylvania

Transferring your lease to another person, commonly called a "lease assignment" or "subletting," can help renters in Pennsylvania who need to move before their lease is up. However, it's important to understand your legal rights, your landlord's requirements, and state-specific laws before starting this process. This guide explains what you need to know about transferring a lease to a new tenant in Pennsylvania.

Key Differences: Assignment vs. Subletting

Renters can either assign a lease (transfer all rights and responsibilities to a new tenant) or sublet (temporarily let another person live in the rental while the original leaseholder remains liable). Pennsylvania law doesn't automatically grant renters the right to assign or sublet, so the original lease agreement—and your landlord's approval—will play a big role.

Steps to Transfer a Lease in Pennsylvania

If you're planning to transfer your lease, follow these main steps for a smooth process:

• Check your lease: Look for sections about "assignment" or "subletting." Most leases require landlord approval before you can transfer or sublet.
• Ask your landlord: Even if your lease is silent, Pennsylvania law allows landlords to set their own policy. Request written permission for an assignment or sublet.
• Find a qualified new tenant: The new renter must meet your landlord's screening criteria (such as income, references, and background check).
• Complete written documentation: A formal lease assignment agreement or sublease contract is needed. Some landlords may use their own forms; others may have you sign an "Assignment and Assumption of Lease" (no official government form exists, but sample templates are widely available).
• Submit paperwork and gain landlord consent: Provide all documentation to your landlord for their signature and final approval.

Relevant Official Forms in Pennsylvania

• Assignment and Assumption of Lease (no official PA form number): This is a private contract used to legally transfer your lease to a new tenant. You and the new tenant both sign it, and then submit it to your landlord for approval. Some landlords supply their own version. View a sample lease assignment from the Pennsylvania Human Relations Commission tenant guide.
• Written Notice to Landlord: Although there is no required government form, you should provide written notice to your landlord seeking approval for either assignment or sublet. This helps protect your rights and provides documentation of your request.

Always keep copies of all signed documents and correspondence.

Landlord Approval: What Renters Should Know

In Pennsylvania, a landlord can refuse a lease transfer or sublet for a "reasonable" business reason, such as unsatisfactory credit, criminal history, or inability to pay rent. However, they cannot deny your request solely on a discriminatory basis—this is prohibited under state and federal fair housing laws.

Pennsylvania Tenant Laws and Lease Transfers

Pennsylvania has no dedicated "residential tenancies tribunal." Lease transfers and disputes are typically handled in the county Magisterial District Court or Court of Common Pleas.^[1] The main law covering landlord-tenant relationships is the Pennsylvania Landlord and Tenant Act.^[2]

While the act is mostly silent on lease transfers, your signed lease and local ordinances (especially in cities like Philadelphia or Pittsburgh) also set rules. For Philadelphia-specific rental rights, see the City of Philadelphia Renters' Services page.

What to Do if Your Landlord Refuses an Assignment

If you believe your landlord is unreasonably refusing your lease transfer or assignment request, you can:

• Send a follow-up letter requesting a reason for denial
• Contact a local tenants' rights organization or legal aid for advice
• Consider filing a dispute in the appropriate county court

How to Transfer Your Lease—Action Steps

• Review your lease for assignment and subletting terms
• Write a formal request (email or letter) to your landlord
• Identify a qualified replacement tenant as required
• Fill out an "Assignment and Assumption of Lease" form (see sample guides above)
• Submit documentation and wait for landlord’s written approval
• Keep copies of all paperwork

Remember, communication and formal documentation are crucial. When in doubt, seek legal support from official agencies listed below.

Frequently Asked Questions

1. Can I transfer my lease to another person without my landlord's permission?
   No, in Pennsylvania, most leases require landlord approval for any lease transfer or sublet. Always review your lease and get written consent.
2. Is there an official lease assignment form for Pennsylvania renters?
   No, there is no state-issued form. However, a written agreement called "Assignment and Assumption of Lease" is commonly used, and you should check with your landlord for their requirements.
3. What happens if my landlord refuses my lease transfer request?
   If your landlord denies your request without a valid reason as set out in your lease, you can ask for the reason in writing or seek free legal help. If the refusal seems discriminatory, housing authorities may help.
4. Does a lease assignment end my responsibility for rent?
   If assigned properly and accepted by all parties, your liability for the lease should end after the assignment. However, in subletting, you remain ultimately responsible unless the landlord releases you in writing.
5. Where can I get help if I’m unsure about the process?
   Free legal clinics, state law resources, and the links below offer practical help for lease transfer issues in Pennsylvania.

Key Takeaways

• Always review your lease and get landlord approval before transferring to another tenant.
• Use a written assignment agreement and keep copies of all documents.
• If a dispute arises, seek assistance from state or local resources listed below.

Need Help? Resources for Renters

• Pennsylvania Human Relations Commission (PHRC)— Fair housing complaints, renter rights guides
• Pennsylvania Legal Aid Network— Free legal help for renters
• City of Philadelphia: Renters' Rights and Resources
• Pennsylvania Magisterial District Courts— Lease disputes and eviction issues
• Pennsylvania Landlord and Tenant Act

---

1. See the Pennsylvania Magisterial District Courts for rental disputes and small claims.
2. Refer to the Pennsylvania Landlord and Tenant Act (Title 68) for general rental law.

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations