Lease Termination

BREAKING A LEASE

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IMPLIED WARRANTY OF HABITABILITY

The law requires landlord to provide tenant a property that is fit for its intended purpose. An uninhabitable property may warrant a rental abatement or early termination. Speak with an attorney about whether the noncompliance rises to the level of uninhabitable.

DUTY TO MITIGATE DAMAGES

In Pennsylvania a landlord has an obligation to mitigate their damages. Therefore if you vacate early the landlord must show reasonable efforts to rent the property to someone else before collecting rent from you.

SERVICE OF PROCESS & COST OF LITIGATION

In order to sue you for forward damages a landlord must have your forwarding address to effectuate service. If you vacate the property and surrender your security deposit the landlord may have difficulty bringing a claim against you. To bring a claim of early lease termination landlord will have to retain counsel to file a lawsuit. This may be time consuming and expensive. Therefore an attorney may be able to negotiate a reasonable settlement with landlord.

EVIDENCE OF NONCOMPLIANCE

Be sure to document the legal basis for your early lease termination. It is best to send landlord a notice of intent to vacate. This notice can be provided to the court if litigation follows your decision to leave early. Speak with legal counsel about drafting this letter.

The Law Office of Mark D. Copoulos was founded on our commitment to the client. We pride ourselves on unparalleled service. Our firm answers all incoming calls from clients, at all hours, and strives to promptly resolve your legal issue.

Areas of Practice

1628 JFK Blvd., Ste. 1301
Philadelphia, PA 19103