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?
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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