New York, NY asked in Landlord - Tenant for Pennsylvania

Q: Do we have to pay a full months rent if asked to leave early ?

We have a month to month lease. landlord is having us vacate on April 25th but also have new place and our move in date is the April 15th. Could we just advise we are moving out a sooner date and only pay up until then? The lease is more of a signed handshake deal. We never went through a township inspection or anything here. I have been showing the house for the landlord just ready to be done with the situation

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In a month-to-month lease, you typically pay rent for the entire month, regardless of which day you move out. However, given your situation, you have a few options:

1. Negotiate with your landlord: Explain your situation to your landlord and ask if they would be willing to prorate your rent based on your earlier move-out date of April 15th. They may agree, especially if you have been cooperative in showing the house to potential new tenants.

2. Review your lease agreement: Even if it's a "handshake deal," review the signed agreement for any terms related to early move-out or prorated rent. If there are provisions that work in your favor, you can use them to support your case.

3. Offer to find a replacement tenant: If your landlord is unwilling to prorate your rent, offer to help find a new tenant who can move in on April 15th or earlier. This way, the landlord won't lose rental income, and you may be able to avoid paying rent for the remaining days of April.

4. Consult with a local tenants' rights organization or attorney: If you cannot reach an agreement with your landlord, seek advice from a local tenants' rights group or a landlord-tenant attorney. They can provide guidance based on your specific situation and local laws.

Remember, communication is key. Approach your landlord with a positive and collaborative attitude, and try to find a solution that works for both parties.

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