[mafiaangel180]

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

My ex and I signed a lease towards the end of November. It states that starting January 1st we would be renting an apartment for a whole year. We each paid half of the security deposit on 12/07/09. Well 20 minutes after we gave the real estate company our money, he and I get into a fight. Now he decides he doesn't want to do it.

I really don't know what to do. I really don't know if there is anything I can do. He makes me more than I do. I am a student who receives unemployment. If I took over the apartment, I would be screwed should another emergency arise such as my car breaking down. I honestly don't even want to break the lease. It is his idea. I feel as if I have no choice in the matter. So my first question is... how does a lease signed by two people work when one wants to break the lease and the other doesn't?

I called the agency to explain what happened. She just started rambling about suing and court. Then she after all of that she stated that if I found someone to take over the lease, that I could get out of it. I posted an ad on craigslist and am planning on putting an ad in the paper at my own expense. What else more can I do to find someone. And does this person have to go through the same credit check as I did? Would I get my security deposit back if I get someone to take over the lease?

To be honest, I'm transferring schools soon and feel as though my ex could care less about what happens to him in all of this. I am so overwhelmed that I am just considering letting her sue me. Here is my rationale for this: I wouldn't have to deal with finding money to place an ad in a paper, I wouldn't have to lose so much sleep in this process, it would make both my ex and I accountable as opposed of me just having the weight of all of this on my shoulders, and if I would move into the apartment, I do not want to sue him for the rent. I would rather have it be the agency against us as opposed to us against each other. Besides the cost of the years worth of rent, how much else would it cost me? Would it go against my credit? Would I be able to set up a payment plan?

On top of all of this... isn't there just a way to get out of it? She said the security deposit held the apartment before we moved in there in January. The place is ready to move into. Why couldn't she just place an ad (even at our expense?) Also, doesn't the lease take effect Jan. 1st? After all, I'm not even allowed to move in yet until I pay rent.

[JudyKayTee]

I didn't read the entire post because most of it does not matter BUT you have signed a legal contract (the lease). If one of you defaults (breaks the contract) the other one - in this case you - is responsible for the entire contract. You would pay whatever is required and then sue the other party for his/her share.

My assumption would be that the landlord cannot rent the apartment as of January 1st. February 1st is probably a more reasonable date. The landlord CANNOT let the apartment just sit empty and collect from you; the landlord has to make a reasonable attempt to re-rent the apartment.

I would advise the landlord IN WRITING that you are unable to go forward with the lease and request that he/she rent the apartment. The landlord will hold you (and your friend) responsible for any lost rent (minimally the month of January) and I would "guess" that your security will cover that lost income.

Inability to pay is not an excuse to break a contract.

The longer you wait the more expensive this will be for you.

If you try to find a tenant and do find a tenant the landlord does NOT have to accept that tenant. If the landlord wants you to remain on the lease with the person you find as a sub-tenant you are still responsible for damages and unpaid rent.

And, yes, the landlord may report this to a credit agency.

The only way to know if your security deposit would be returned, if a payment plan could be set up, info of this nature is to ask the landlord. I have no idea what the landlord's policy might be.

[ballengerb1]

Can't rate Judy just yet but she hit this on the head. You are responsible for any lost rent while the unit is on the market plus advertising costs. Nice of you to volunteer but the laws says you pay even if you don't offer.

[mafiaangel180]

If one of you defaults (breaks the contract) the other one - in this case you - is responsible for the entire contract. You would pay whatever is required and then sue the other party for his/her share.

Yeah, this is pretty much incorrect. He is responsible just as I am. I am not MORE responsible.

I contacted the realtor, and in order to avoid getting sued, we must pay rent until a tenant is found. We will get our security deposit back.

[JudyKayTee]

Yeah, this is pretty much incorrect. He is responsible just as I am. I am not MORE responsible.

I contacted the realtor, and in order to avoid getting sued, we must pay rent until a tenant is found. We will get our security deposit back.

What? I never said you were MORE responsible. The landlord has the right to sue either one OR both of you and then the person sued can go against the other party. At the moment you are the one making the arrangements and my "guess" would be that you will be the target.

You cannot force the landlord to sue you both.

At any rate, I am surprised that the landlord is not taking the extra cost of renting the apartment (advertising) out of your security deposit - but if the realtor has guaranteed your security deposit will be returned in whole, then that is the agreement with the landlord.

[mafiaangel180]

I'm doing my own advertising, and I am actually making a better attempt than her. It's not surprising actually. She's only putting it on her "list."

[JudyKayTee]

Are you subletting the apartment to someone or is the new tenant negotiating/entering into a new lease?