Landlord Wants to Raise Rent; I Want to Move Out

[McJ2010]

My question involves landlord-tenant law in the State of: PA

Hi everyone,

My landlord recently notified me that he wishes to raise the rent. He's given me one month's notice. He will be raising the rent in March. I advised him that I wish to move out, vacating the apartment by the end of February.

I am not currently under lease with the landlord. I originally had a lease for the first year that I lived here, but that expired over two years ago. Since then I have made monthly payments. My understanding is that I have a periodic tenancy, and the presumption is a monthly period. If that is so, am I ok to give only a month's a notice?

Does the prior lease agreement still govern? The previous lease indicated I was to give 60 days notice, but as he has only given me a month's notice before raising the rent am I not entitled to give him only a month's notice before vacating (my argument would be that his actions tend to indicate a periodic tendacy on a monthly basis)? I can't find my copy of the lease, so I'm not sure how much notice he is required to give prior to raising rent according to the lease.

Thanks for your help!

[Mr. Knowitall]

The lease may continue to govern depending upon its terms. Many leases specifically provide that their terms will continue to bind the parties past the expiration date, with the only change being the transition into a month-to-month tenancy. But that's a two-way street - if the lease requires that both of you give 60-days notice to terminate that would imply that you should get 60 days notice of a rent increase.