Q: I have tenants living in the house in PA. One-year lease is up on 7/31/22. How much notice not to renew I should give?
They have been living in the house for 3 years but every year we sign the new lease for 1 year. We have a clause stating that if either landlord or tenant don't wish to renew, either party has to give at least 30 days notice. I gave them the notice not to renew a few days ago but they claim it should be 90 days notice from the end date of the lease. Who is in the right here?
A:
You are right, unless the leased premises are a Manufactured (i.e., mobile) Home?
The only provision of the law requiring 3 months prior written notice of the expiration of the term of a lease is for a lease which is more than 1 year (which yours is not) and where the leased premises is a Manufactured Home. If that is the case, then the 3 months notice would still not apply because the lease is for 1 year, not more than 1 year. The notice of the expiration of the term of a lease of 1 year or less of a Manufactured Home is 30 days.
Where the term of a lease of leased premises (which is not a Manufactured Home) is for 1 year or less, the law requires 15 days prior written notice. But since the lease provides for 30 days prior written notice, the lease provision of 30 days controls.
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