Lease Breaking in Pennsylvania: Penalties and Legal Options

Ending a rental lease early in Pennsylvania can feel overwhelming, especially if you’re worried about penalties or legal issues. This helpful guide breaks down your rights and choices as a Pennsylvania renter, explaining the rules, exceptions, and official resources available if you’re thinking about moving out before your lease ends.

Understanding Early Lease Termination in Pennsylvania

As a renter in Pennsylvania, you sign a lease that is a binding legal contract. If you leave the unit before your lease ends, your landlord may have the right to hold you responsible for rent owed under the original agreement, unless you have a legal reason (also known as a "just cause") to break the lease.

Common Legal Grounds for Breaking a Lease Without Penalty

• Active military duty: Under the federal Servicemembers Civil Relief Act (SCRA), active-duty military personnel may break a lease without penalty. You must give written notice and documentation of military orders.
• Unsafe or uninhabitable unit: If the landlord fails to make necessary repairs or violates state/local health codes, you might have a legal right to terminate (see Pennsylvania’s warranty of habitability).
• Domestic violence: Pennsylvania law allows victims of domestic violence to end a lease early in certain conditions. Documentation (such as a protection from abuse order) may be required.
• Other situations: Including landlord harassment or illegal entry, but these are less common and must be proven.

Penalties for Breaking a Lease Early

If you don’t have a legal ground, breaking your lease may lead to:

• Being charged rent until the unit is re-rented or the lease ends
• Loss of full or part of your security deposit
• Collection efforts or a possible lawsuit by your landlord
• Negative rental history or credit impacts

However, Pennsylvania law requires landlords to make reasonable efforts to re-rent the property, which can reduce what you owe¹.

Official Forms and Practical Steps

• Notice to Terminate Lease (no official statewide form): A written letter to your landlord stating your intent to break the lease. Use certified mail to create a record. For military: attach your orders. For domestic violence: include relevant court order.
• Pennsylvania Protection From Abuse (PFA) Order (Form AOPC611): If breaking a lease due to domestic violence, file with the local county court. More info: Protection From Abuse Orders.
• Complaint Form (Magisterial District Court): If you wish to dispute a penalty, security deposit, or sue your landlord, file at Pennsylvania’s Magisterial District Court.

Example: Sara, a renter in Pittsburgh, receives military deployment orders. She writes a termination letter to her landlord, includes a copy of the orders, and sends it by certified mail. Her lease ends 30 days after notice.

Step-by-Step: What to Do if You Need to Break Your Lease

• Review your lease for early termination or "break clause" details.
• Determine if you qualify for a legal exception (military, habitability, domestic violence).
• Give proper written notice to your landlord and keep a copy.
• If needed, attach official documentation (e.g., PFA order, military orders).
• Discuss possible settlements, such as subletting or paying an agreed fee if you lack a legal reason.

Where to Get Help with Lease Disputes in Pennsylvania

The Magisterial District Courts are the official tribunal for most residential landlord-tenant disputes.

• To dispute a penalty or security deposit deduction, you may file a complaint with the court. Download court forms here.
• The main landlord-tenant laws are found in the Pennsylvania Landlord and Tenant Act of 1951.

FAQs: Pennsylvania Lease Breaking

1. What if I break my lease to accept a new job in another city?
   Job relocation is not a legal ground for breaking your lease in Pennsylvania. You may still be responsible for rent and any penalties unless your landlord agrees to release you.
2. Can my landlord keep my security deposit if I break my lease?
   Your landlord can deduct unpaid rent or damages, but must return any remaining deposit within 30 days, per state law.
3. If my apartment is unsafe, how do I document this to break my lease?
   Take photos and keep written records of communication with your landlord. If repairs aren’t made, you may have grounds for early termination.
4. How much notice must I give if I qualify for an exception?
   The standard is 30 days written notice, but check your lease for any specific requirements.
5. Can I sublet my rental if I want to break the lease?
   If your lease allows, you may sublet. Always get your landlord’s written approval to avoid future disputes.

Summary: Key Takeaways

• There are legal and financial risks to breaking a lease early in Pennsylvania, but also valid exceptions.
• Always use written notice and keep records.
• Review official resources and seek legal help if your situation is complex.

Knowing your rights and following the proper steps helps you navigate lease termination with confidence.

Need Help? Resources for Renters

• Magisterial District Courts – File complaints and resolve landlord-tenant issues
• PA Attorney General Landlord-Tenant Complaint Form
• PA Legal Aid Network: Tenant Legal Help
• Pennsylvania Landlord and Tenant Act

---

1. Pennsylvania Landlord and Tenant Act of 1951 (68 P.S. §§ 250.101 et seq.)
2. Protection From Abuse Orders – PA Courts
3. PA Magisterial District Courts

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