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-   -   Lease renewal in P.A. (https://www.askmehelpdesk.com/showthread.php?t=94873)

  • May 22, 2007, 07:57 AM
    surfrat03
    Lease renewal in P.A.
    OK..

    A little complicated in Pennsylvania here...

    I signed a 1 year lease 10/03... in the terms it says "this lease will automatically renew for one year (NOT YEAR TO YEAR) at the end of term"... end of term was 11/1/04..

    OK.. so it renewed till 11/30/05 (in the lease I get the last month free) and I did not give 60 days notice and have been here since...

    11/30/06 it ended again and ,even though they sent me an "automatic renewal" I never signed or aknowledged this notice put on my doorknob...


    AM I NOT MONTH -TO-MONTH IN A "HOLDOVER" SITUATION BY PA. LAW??

    I say I am as there is NO aknowledged term... the initial lease said 1 year after initial term (10/03 to 11/04)


    Also,I never got the free month in 11/05 and 11/06 as the landlord said I wasn't entitled to it ,even though it's in the lease as "last month free" (not specific dates free)

    Now,during the lease ,he let me not pay 1 month in 4/05 but said I could pay a little extra here and there to pay it back ( I currently owe $700)

    I am leaving and gave 45 days notice with the understanding I am month to month (terminating lease before it's 11/30 end even though I never signed a thing since 10/03)
    I told him, just keep the $1300 security deposit in place of the $700 owed and he'll still be ahead $600 for cleaning etc... ) he says no,I must pay the $700 and THEN I'll get the security back... my only problem with this is,even though I know him, he has a reputation as an INCREDIBLE nitpicker in keeping every penny possible even from great tenants.. VERY bad reputation..

    I say he has NO ENFORCEABLE POSITION TOWARDS ME LEAVING EARLY ON A LEASE NEVER RENEWED...


    Any ideas??

    Thanks!
  • May 22, 2007, 06:03 PM
    froggy7
    Is the (Not Year to Year) in the lease, or is that just your interpretation of what was meant by the "renew for one year" in the lease? It's important, because if it's not in there, then I would read it as you having a lease that automatically renews each year, with the same terms and conditions. Which would mean that you are NOT month-to-month, but are in fact locked in for the year. If the parenthetical clause is in there, I might think differently.

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