Breaking a lease in Pennsylvania

Pennsylvania lets certain military tenants, and the estate of a sole tenant who dies, end a lease early. No statute read for this page gives other tenants a general right to leave before the term ends.

51 Pa.C.S. § 7315 51 Pa.C.S. § 7315.1 68 P.S. § 250.514

• A Pennsylvania National Guard member called to active duty (other than for training) or to State active duty, or a reserve member called to active duty, for 30 consecutive days or more may end a dwelling lease signed before the duty began, without penalty, by written notice; for a monthly lease, the end date is 30 days after the next rent due date. 51 Pa.C.S. § 7315(a) to (c)
• A service member or full-time Guard member who gets permanent change of station orders, temporary duty orders of more than three months, orders to government quarters, or is honorably discharged or released from active duty may end the lease by written notice effective at least 30 days after you receive it, with a copy of the orders or a commanding officer's letter before the end date. 51 Pa.C.S. § 7315.1(a), (b)
• Under that rule, final rent is prorated to the end date and rent paid in advance for later periods is refunded within 30 days. 51 Pa.C.S. § 7315.1(c) to (e)
• Holding the member's belongings or deposit to cover rent after that end date is a summary offense. 51 Pa.C.S. § 7315.1(h)
• You may ask a court, before the end date, to modify the relief as justice and equity require. 51 Pa.C.S. § 7315(d) 51 Pa.C.S. § 7315.1(f)
• If a sole tenant dies, the estate's executor or administrator may end the lease on 14 days' written notice, effective on the later of the last day of the second calendar month after the month of death or the surrender of the home with all belongings removed; the estate still owes rent and debts up to then but no early termination penalty. 68 P.S. § 250.514
• For domestic violence victims, the state rule is about appeals, not early termination: the tenant gets 30 days instead of 10 to appeal an eviction judgment. 68 P.S. § 250.513(b) See Eviction process on the Pennsylvania page

To end a month-to-month tenancy, give the tenant a written notice to quit that allows at least 15 days from the date it is served.

68 P.S. § 250.501(b)

• The 15 days apply to a tenancy for an indeterminate time and to any lease of one year or less; a lease for more than one year needs 30 days. 68 P.S. § 250.501(b)
• The Act sets no notice period for a tenant who wants to leave, so the lease should set one. Landlord and Tenant Act of 1951
• The lease may shorten the notice or let the tenant waive it. 68 P.S. § 250.501(e)