Preface 1

Off Campus Housing Guide Back to Table of Contents

Chapter 6
Leases, Evictions
Terms of rental Agreement
Terminating a Lease Early
Evictions

Section Six: Leases and Evictions

As a tenant you should be well-informed and carefully prepared to terminate your lease or rental agreement. Termination of the rental agreement is an important consideration, one that should never be overlooked or frivolously exercised, especially if you wish to protect your security deposit.

If You Have a Lease
A written lease which states that the tenancy is for a specific term (i.e. August 1, 2000-July 31, 2001) ends automatically at the end of that term. However, notice is still customarily given, and many leases require the tenant to give written notice so that there is no question about automatic renewal. The notice normally must be given at least thirty days prior to the day on which the rent is due.

Some written leases, however, contain an automatic renewal clause. Be aware of these, because if you do not notify your landlord that you plan to terminate the tenancy at the end of the current term, the lease will be extended for another term. If you want to terminate the tenancy at the end of the term under a written lease with an automatic renewal clause, you must give your landlord proper notice. Notice usually must be given two or even three months in advance.

If You Do Not Have a Lease
Tenancies at will can usually be terminated by giving the landlord proper written notice of termination of one full term, usually thirty days, before the last term begins. It may be advisable to send the notice in writing a few weeks ahead of time. A second method of terminating a tenancy at will is to negotiate a date of termination agreeable to both you and your landlord. This agreement may be reached at any time in the leasing relationship. Obtain this agreement in writing. Make certain that all aspects of the agreement are clear. Once a termination date has been accepted by all parties, no further notice is necessary.

Terminating a Lease Early
Most leases run for one full year and do not correspond with the academic year. This conflict becomes an issue if you want to return home or leave the area for the summer. There are some options to allow for flexibility within your lease.

Subletting
When you sublet, you as the former occupant remain the prime tenant with all of the same obligations to your landlord, and the new tenants are obligated to you, not directly to your landlord. That means if the new tenants cause damage to the unit or fail to pay rent, your landlord can still sue you. Many leased tenancies contain clauses specifying terms and conditions under which a sublet may be granted. The terms generally state that the landlord retains the right to grant written approval over subleases. Although a landlord may reserve the right to grant approval over incoming sublessees, he or she may not request additional requirements of your sublessees that were not placed on yourself.

Assigning
An assignment means you turn your lease over in its entirety to a new tenant. The new tenant then has the relationship with the landlord, and you as the former tenant have no further obligations with him or her. This option may be used if you have no intention of returning to the apartment. Under the best of all possible assignments, you and your landlord would sign a written agreement releasing you from all responsibility to the premises for the duration of the lease period. The new tenant would assume the responsibilities and obligations to your landlord. However, unless there is a written agreement, your landlord may treat the assignment like a traditional sublease and hold you responsible for the original terms of the lease.

If You Can’t Sublet or Assign
Competition is fierce among potential subletters, so many renters will be unable to sublet. The only solution may appear to be simply break the lease and move out. However, you are still the legal tenant even though you may not be living there. If you choose this option, your landlord may sue you for damages to cover the cost of back rent, attorney’s fees, etc. You cannot be sued in June for August’s rent. Additionally, if the landlord successfully re-rented the unit after you left, he or she cannot sue for lost rent, but only the costs such as advertising that was incurred in finding a new tenant.

Evictions: What You Need to Know

Evictions are not easy. No matter what your landlord or his or her attorney may say or do, you cannot be legally evicted in Pennsylvania unless your landlord has gone to court and obtained an order giving him or her permission to do so.

With a Lease
If you have a lease, the only reasons you can be evicted are for non-payment of rent, for violation of the terms of the lease such as subletting without permission , or for the use of the premises for illegal purposes. To begin eviction proceedings, your landlord must send you a “Notice to Quit.” For non-payment of rent, you must receive fourteen days notice, and for other causes, notice as specified in the lease, typically seven days.

Without a Lease
The landlord is not required to give you a reason for eviction for a tenancy at will, although one must exist, even if it is only that your landlord has terminated your tenancy. To begin proceedings, your landlord must give you written notice of one full rental period or thirty days, whichever is longer.

Avoiding Eviction Proceedings
You do not have to move out after the fourteen or seven day notice. You only may be evicted when a judge orders you evicted. It is possible to avoid even continuing with eviction proceedings after receiving the eviction notice. If this is the first time in a twelve month period you have been evicted for non-payment of rent, you may pay the rent owed within a specified period of time. You also may be able to avoid the court eviction procedure through mediation with your landlord. The magistrate is the ultimate mediator in this process.

Going to Court
If all other remedies fail and your landlord is bringing you to court, be prepared to defend yourself. If you do not show up for the court date, you will automatically be evicted. You should seek legal advice from a housing attorney before going to court.

After the notice period of fourteen or seven days has passed, your landlord will have the sheriff or constable deliver to you a Summary Process Summons and Complaint. This action officially informs you that your landlord is taking legal action against you. The Summary Process Summons and Complaint will state the date of the eviction hearing and require that an answer be filed.

The answer is the written response from you stating why you should not be evicted. The answer gives you the chance to make counterclaims against the landlord. You can include information about health code violations, retaliation, harassment, etc. The answer form is available at the Worcester Housing court and the Housing Information Center and must be received by both the court and landlord by the Monday before your court date. Keep a copy for yourself.

The judgment will be entered with the clerk of the court on the Friday after your trial. If you lose the case, you may want to appeal the decision and request a new hearing. If you choose to appeal, you will need to file a Notice of Appeal within ten days after the judgment is entered. You will be required to pay an “appeal bond,” but that can be waived if you cannot afford to pay it. It is advisable to speak with a housing attorney at this point.

If an eviction is to take place, the court will give the landlord execution papers or eviction orders ten days after the judgment is entered. Your landlord cannot evict you without these papers. The execution may be served by a constable or sent by registered mail. The execution is valid for ninety days.

If you cannot find a place to live, you may be able to convince the judge to give you a stay of execution, allowing you to stay in the unit for up to six months. Elderly or disabled tenants may request a stay of up to one year.

When the date on the execution order arrives, you must move out. Your landlord is not required to give further notice once the eviction order has been executed. If you do not move yourself, the sheriff or constable will physically move your belongings for you and place them in storage.

Protect Your Rights
Protect yourself by accurately documenting rent payments, communications with your landlord, and conditions in the unit. Documentation may be your only evidence against your landlord. Know your rights. The laws surrounding eviction proceedings are complicated and difficult to sort through. The following offices can help you understand your rights: