Understanding Early Lease Termination Fees in Pennsylvania

Thinking of ending your lease early in Pennsylvania? Life changes fast, but breaking your lease before the agreed end date can bring unexpected fees and challenges. Knowing your rights and the rules around early lease termination fees can help you make informed decisions and avoid surprises.

What Is an Early Lease Termination Fee?

An early lease termination fee is a charge some landlords require if a renter moves out before the lease term ends. In Pennsylvania, these fees are not set by state law but are governed by the lease agreement you sign with your landlord. Understanding what your lease says about early termination is essential.

When Can Landlords Charge Early Termination Fees in Pennsylvania?

In Pennsylvania, landlords can only charge an early termination fee if this fee (or formula for calculating it) appears in the written lease. The fee amount and conditions must be clear and agreed upon by both parties. If the lease does not mention such a fee, you may still be responsible for unpaid rent until the landlord finds a replacement tenant but not for an extra penalty.

• Check your lease: Look for sections labeled "Early Termination," "Break Lease," or "Lease Cancellation."
• If you leave without proper notice, you may owe the remainder of the rent until the unit is re-rented.
• Landlords must make reasonable efforts to re-rent the property to reduce your financial responsibility (Pennsylvania Landlord and Tenant Act).

Common Reasons Tenants Want to Break a Lease

Situations often include job relocation, family emergencies, health issues, or unsafe living conditions. While these reasons feel urgent, not all qualify you for fee-free termination unless covered by state or federal law.

Legal Exceptions: When Can You Break a Lease Without Paying?

Certain legal protections let you end your lease early without penalty, even in Pennsylvania. These include:

• Active Duty Military: Under the Servicemembers Civil Relief Act (SCRA), active duty military can terminate a lease if deployed or relocated.
• Uninhabitable Conditions: If your rental has severe code violations, and the landlord fails to fix them, you may be able to terminate (see "Warranty of Habitability" in the PA Landlord Tenant Act).
• Victims of Domestic Violence: As of 2017, Pennsylvania law allows certain protections for victims with proper documentation. You may need to notify the landlord and provide a protection order. Details are available from the PA Coalition Against Domestic Violence and the Landlord Tenant Act.

Pennsylvania Lease Termination Notice Rules

To avoid unnecessary fees, renters must give proper written notice. The notice period depends on your lease type:

• Month-to-month leases: At least 15 days written notice before the end of the rental period (Landlord Tenant Act, Section 250.501(b)).
• Fixed-term leases: Follow the specific rules outlined in your lease contract.

Official Notice Form

• Form Name: Notice to Terminate Lease (no official state form number)
• How to Use: Write a letter or use a template notifying your landlord of your intent to vacate. Specify your move-out date and include your address and signature.
• Example: "I am providing 30 days’ notice to terminate my lease at [address], effective [date]."
• Source: Pennsylvania Landlord Tenant Act Handbook

What Happens After Giving Notice?

Once you give notice:

• Your financial responsibility may continue until a new tenant moves in or your lease ends—whichever comes first
• If your landlord re-rents quickly, you are only liable for the period the unit was vacant
• If stipulated in your lease, an early termination fee may apply; review your agreement for details

If a dispute arises, the civil court for landlord-tenant cases is usually your local Court of Common Pleas. Many counties have specific landlord-tenant complaint forms available on their county court websites.

Your Rights as a Pennsylvania Renter

The main law covering residential tenancies in Pennsylvania is the Landlord and Tenant Act of 1951.¹ For more details, you can read the official PA Landlord Tenant Act handbook provided by the Pennsylvania Housing Finance Agency.

Key Points to Remember

• Only pay early termination fees if they are in your lease.
• You may owe rent until the landlord finds a new renter, but not beyond your lease term.
• Some renters (e.g., active-duty military or domestic violence survivors) have special protections.

1. Can my landlord keep my entire security deposit if I break my lease early?
   

   No. Your landlord can deduct unpaid rent or damages from your security deposit, but must return any remaining amount within 30 days of move-out. Security deposit disputes are governed by Pennsylvania law (Sec. 250.512).

2. How can I end my lease if my apartment is unsafe or uninhabitable?
   

   If essential repairs are not addressed after proper notice, you may have grounds to terminate the lease. Always seek legal advice first and document the problems. Review the Warranty of Habitability rules.

3. What happens if I just stop paying rent and move out?
   

   Quitting and abandoning your unit without notice ("skip out") can lead to collections, lawsuits, or damage to your credit. Always give written notice and try to negotiate.

4. Are landlords required to make efforts to re-rent?
   

   Yes, in Pennsylvania, landlords must try to re-rent the property after you leave. You may still owe rent until a new tenant is found, but cannot be charged for time after that.

5. Where can I file a formal complaint if I have problems with my landlord over an early lease termination fee?
   

   You can file a landlord-tenant complaint in your county's Court of Common Pleas. Each county website has forms and instructions for filing.

Need Help? Resources for Renters

• Pennsylvania Landlord Tenant Act Handbook – Official guide to landlord-tenant rights
• Pennsylvania Housing Finance Agency – Renters' Resources
• PA Courts of Common Pleas – Find Your Local Court (Landlord-Tenant Filings)
• Servicemembers Civil Relief Act (SCRA) Information
• Protections for Survivors of Domestic Violence in Housing – PA Coalition

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1. Landlord and Tenant Act of 1951 (Title 68 PA Stat §250.101 et seq)
2. Pennsylvania Landlord Tenant Act Handbook
3. PA Courts of Common Pleas – Landlord Tenant Court

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