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View Full Version : Anti-eviction laws in PA


birds16
Nov 28, 2006, 10:13 PM
I was wondering if I can continue living in my apartment on a month to month basis after my lease is up. The lease contract automatically renews for a year if you do not send notice 60 days before the end of the term. I already sent certified notice 4 months before the lease term end date not to renew the lease term of a year. However, I may want to stay in the place on a month to month basis after the term is up. Is this possible in Pa under anti-eviction laws or any other law if I continue to pay rent? I do not think the apartment complex wants to rent on a month to month basis.

RickJ
Nov 29, 2006, 05:46 AM
Browsing the PA laws (http://members.aol.com/StatutesPA/68.Cp.8.html) I don't find the issue addressed. Personally, I am doubting that automatically renewing for a year is enforceable.

You might ask a local attorney this simple question: many of them will help with simple questions like that over the phone. "Is it enforceable for a lease to automatically renew for a year, when the initial period expires"

In the meantime, though, you need to get with the landlord personally. If the term IS enforceable, then your certified letter would be a mute point.

LisaB4657
Nov 29, 2006, 07:01 AM
I disagree, Rick. If the OP sent in the written notice by certified mail in accordance with the lease, then a court would not find that she repudiated her cancellation by staying on the premises after the lease term ended. The tenancy would become a month-to-month instead. This raises two questions: (1) will the landlord permit a month-to-month lease? If not then they can send a 30 days written notice terminating the tenancy. And (2), if the landlord does not agree to a month-to-month tenancy, does the tenant become a holdover, at which point the landlord may be entitled to receive double (or more) rent?

To the original poster: I suggest that you speak first with an attorney to make sure that your state law does not create a situation where you become a holdover tenant and become responsible for the landlord's damages. Then I suggest that you speak to the landlord and hopefully you can reach an agreement.

RickJ
Nov 29, 2006, 11:44 AM
Good eye, Lisa. I may have misread re the letter. I took the letter to be saying "I am not renewing the lease" - but implied would continue living in the apartment.

birds16, take Lisa's advice: Get a local attorney's opinion on it - and dig a bit more into the PA laws (http://members.aol.com/StatutesPA/68.Cp.8.html).