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  1. #1

    Default Breaking a Lease in Pennsylvania

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

    My ex and I signed a lease towards the end of November. It states that starting January 1st we would be renting an apartment for a whole year. We each paid half of the security deposit on 12/07/09. Well 20 minutes after we gave the real estate company our money, he and I get into a fight. Now he decides he doesn't want to do it.

    I really don't know what to do. I really don't know if there is anything I can do. He makes me more than I do. I am a student who receives unemployment. If I took over the apartment, I would be screwed should another emergency arise such as my car breaking down. I honestly don't even want to break the lease. It is his idea. I feel as if I have no choice in the matter. So my first question is...how does a lease signed by two people work when one wants to break the lease and the other doesn't?

    I called the agency to explain what happened. She just started rambling about suing and court. Then she after all of that she stated that if I found someone to take over the lease, that I could get out of it. I posted an ad on craigslist and am planning on putting an ad in the paper at my own expense. What else more can I do to find someone. And does this person have to go through the same credit check as I did? Would I get my security deposit back in the event that I get someone to take over the lease?

    To be honest, I'm transfering schools soon and feel as though my ex could care less about what happens to him in all of this. I am so overwhelmed that I am just considering letting her sue me. Here is my rationale for this: I wouldn't have to deal with finding money to place an ad in a paper, I wouldn't have to lose so much sleep in this process, it would make both my ex and I accountable as opposed of me just having the weight of all of this on my shoulders, and in the event that I would move into the apartment, I do not want to sue him for the rent. I would rather have it be the agency against us as opposed to us against each other. Besides the cost of the years worth of rent, how much else would it cost me? Would it go against my credit? Would I be able to set up a payment plan?

    On top of all of this...isn't there just a way to get out of it? She said the security deposit held the apartment before we moved in there in January. The place is ready to move into. Why couldn't she just place an ad (even at our expense?) Also, doesn't the lease take effect Jan. 1st? After all, I'm not allowed to move in yet until I pay rent.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
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    Default Re: Breaking a Lease in Pennsylvania

    Both people who sign a lease are on the lease, and the landlord can pursue either or both of them for rent due. If you break your lease you should not expect to get your security deposit back, and may be on the hook for a lot more money if your landlord cannot find a suitable replacement tenant. It's possible for an arrearage to end up on your credit, and it's almost certain that a judgment of eviction or judgment for rent would show up on your credit report. You should expect that your landlord will want a replacement tenant to have adequate credit. You can try to negotiate a release from the lease with your landlord.

  3. #3

    Default Re: Breaking a Lease in Pennsylvania

    Thanks. I talked to the realtor, and she said that she would either let him out of it (if I agreed -- which isn't happening because why should he be off the hook?) or she can try to find another tenant. She said we must pay rent until she finds one. And I really don't see him paying his half. So this means that I have to pay his half? Not fair.

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