Tenant Only Gave 30 Days - Lease Stated Must Give 60 Days Notice to Vacate

[newlandlord1]

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

My rental property lease states that the lease will renew on a six month basis. It also states that the tenant must give 60 days notice or there will be a $500 fee or charged until the end of the lease term. The tenant only gave 30 days notice before the lease was up. Can I keep the security deposit or any portion of it? Also, I think I have a renter lined up but they may not be able to move in until the 15th of the month instead of the 1st.

Thanks!

[Mr. Knowitall]

I'm not going to guess as to whether your lease is properly drafted and enforceable without reading it; I'm going to assume that the provisions you quote are valid and operate as stated, but you should confirm that with a lawyer who can actually review the lease.

If you have a valid provision that holds that the lease renews at the six month anniversary unless sixty days notice is given prior to the end of the current six month term, and that notice is not given, then the lease renews as described.

If your tenant moves out at the end of the month and you have a new tenant who moves in on the fifteenth of the following month, no matter what the lease says about renewal the only money you have lost as a result of the tenant's breach is the rent from the first fourteen days of the month, and thus the most you can claim for lost rent income is the pro-rated value of those fourteen days. If you rent with no gap, you have no loss.

You need to be sure to follow your state's laws governing the return of security deposits, providing proper and timely accountings as required and meeting the deadline for returning any unclaimed portion of the deposit.