I had a month to month lease that was to run for 3 months, after two months, my job ended and being unemployed, I had to move back home. I g...

Question

I had a month to month lease that was to run for 3 months, after two months, my job ended and being unemployed, I had to move back home. I gave two weeks notice and was paid through the end of the second month. My landlord said according to the lease, I have to pay the remaining two months rent. Is this right?

Answer

If the lease ran from month to month, its not a 3 month lease. So which is it, a lease for 3 months or a true month to month lease, being that your lease is only for 1 month?

If its a 3 month lease, then you have no privilege to break your lease. I know that you lost your job, but that still does not constitute an excuse. Can you find a replacement tenant?

The landlord's damages are the rent remaining through the end of the lease term. How can there be 2 months left on your lease if you have been there for 2 months already and the lease was for 3 months? At most, there should only be one month remaining on the lease.

The landlord is not going to let the rental sit vacant and will try to find a replacement tenant as quickly as possible. However, the sooner he gets a new tenant in there your duty for the unpaid rent will end.

However, I have not read the lease and there may be something in there requiring you to pay 2 months' rent as liquidated damages. So you need to read your lease, especially the clauses dealing with termination of the lease and default.

Regardless of how much you owe, it would be in your best interest to work out some kind of repayment arrangement with the landlord, both to keep this from going to collections and being on your credit (which may hamper your ability to rent in the future) but also to keep the landlord from suing you. PA does not have wage garnishment for most types of debts but they do allow it for unpaid rent. Your unemployment is not going to be permanent and chances are that if you are working and the landlord sues he will be able to garnish your wages. So it would be better to work something out. Just get it in writing and have it signed by by both you and the landlord.