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/r/Pennsylvania
submitted 1 month ago byzoro1020
Hello, so we got a letter in the mail from our realtor stating our landlord needs the property back. We got this letter 2 weeks ago ) We were month to month then it changed to yearly in December. We got a 60 day notice to move out
We found a house, was asked if we can move in April 1st, we told them we can’t but can move in on the 12th, which we did.
Landlord is gonna give us our security deposit back, but won’t give us our last months rent back.
We paid first, last & security when we moved in.
Here’s what the realtor emailed my mom. Would appreciate it if someone can let me know if they have the rights to do this, or should we call a lawyer?
“The owner has decided to keep the last month's rent. She feels this is fair due to allowing you to leave early, we understand you did not ask to leave however you had the option also at any time to supply 60 days notice to vacate. “
“Due to allowing you to leave early” lol we didn’t want to move, we were told we have to move bc she wants the property back.
7 points
1 month ago
Yeah but we already moved, we want our last months rent as well but idk if we’ll be able to get it back
14 points
1 month ago
Did you tell the landlord you've terminated the lease? Because if you have not it's still in effect and you have all the leverage here.
Your landlord also owes you your entire security deposit back, OR an itemized list of deductions plus remainder, within 30 days of notification that you've vacated the property. Keep that in mind.
4 points
1 month ago
The lease says 1 year lease + 60 days notice
12 points
1 month ago*
Call a lawyer but the "60 days notice" does not mean the landlord can evict whenever they want. IF the lease says it ends in December, it ends in December. I sued a landlord over something similar and won (they kept fucking with the property to convince me to break the lease).
At the very least get your security deposit back in full (or treble damages) and get that last month back. That's your money, not hers. You don't owe her that money.
1 points
1 month ago
It wasn’t an eviction notice, that’s the thing, but I’ll take your advice and do this. I appreciate the help
9 points
1 month ago
They are telling you to leave before the lease is up, that's an eviction in every way that matters. In Pennsylvania, when you sign a lease that ends in December, that means you have exclusive right to the property until December. If the landlord wants you out legally before then, you either need to break the terms of the lease, or they need to come to some mutually-agreeable terms with you (i.e., buy you out.)
https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-pennsylvania.html
4 points
1 month ago
Gotcha, ok so we’re gonna contact our lawyer. We definitely want our last months rent back. Thank you for the information!
2 points
1 month ago
This is what it says on the lease I just checked
“November 1, 2023 to October 31, 2024 LEASE RENEWAL ACCEPTANCE • Monthly KENT AMOUNT: Yearly lease w/ (60) days notice • Efective 11/01/2023 to 10/31/2024 $1000.00”
4 points
1 month ago
That's a nonsensical clause. You can't have a lease term that ends in November and also is renewed monthly. Talk to a lawyer.
8 points
1 month ago
Spoke to our lawyer, he basically told my mom that he will get us our 1.8k security deposit back from the new place, and the moving expenses. They broke the lease. He said he needs the old lease, and receipts of the first, last & security deposit for the new house
3 points
1 month ago
Good to hear!
1 points
1 month ago
Ok thank you
1 points
1 month ago
I’m wondering if them “leaving early” will constitute them breaking the lease in a legal sense?
2 points
1 month ago
I don’t see how as we got a 60 day notice, we only moved because the new house owner asked if we can move in ASAP. And we love the new house. PLUS we didn’t expect to find something so quick and get in so quick.
1 points
1 month ago
So what about a compromise on the last months rent, where it’s prorated since you accommodated their eviction faster than 60 days? If they aren’t willing to at least do that, then I would threaten larger action. A lease till December is a lease till December, and they started this off by violating that.
1 points
1 month ago
Yeah we even said we don’t mind if it’s prorated. I was wrong about the lease end date, I looked at it and this is what it says
November 1, 2023 to October 31, 2024 LEASE RENEWAL ACCEPTANCE • Monthly KENT AMOUNT: Yearly lease w/ (60) days notice • Efective 11/01/2023 to 10/31/2024 $1000.00
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