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Camden, NJ asked in Landlord - Tenant and Real Estate Law for Pennsylvania

Q: Can I challenge my landlord's sudden move-out notice that conflicts with our agreement?

I am currently renting a property under a written lease. The landlord had previously put the house up for sale and we agreed that I would be given at least 60 days to find another property once the house sells. However, I received a written notice giving me only 30 days to move out, which would be by the 21st, and now he's insisting I vacate by tomorrow, the 19th. Is there anything I can do to address this situation or any tenant rights organizations I can contact for assistance? He denies the original agreement and says he can't do anything about it.

2 Lawyer Answers

A: The term of your lease ends on the date set forth in the lease, unless that date has been amended in a writing signed by both landlord and tenant - which appears to be the case here. Your landlord is bound by the amendment you both signed which states that, if your landlord intends to sell the leased property, you will agree to move out before the original end of the term, but only if your landlord provides you with 60 days prior written notice of his intent to terminate the lease - not 30 days prior notice or 24 hours prior notice. Under Pennsylvania law, there is only one lawful way a landlord may evict a residential tenant - and that is by court order. No self-help actions are lawful - not changing the locks, not threats, not the landlord's physical removal or attempt. Your landlord must file a complaint in eviction against you in your local county magisterial district court and the complaint must state the landlord's grounds for seeking eviction. In explaining his grounds, he must enter into the court as evidence the lease and the amendment. But he cannot argue that the amendment permits an early termination because he would have to reveal he breached the amendment by not proving you with the required notice. Perhaps your landlord could, instead, attempt to evict you by claiming that you've breached the lease, but he would have to deliver to you a Notice to Quit, describing the default and giving you time to cure this new default. This defeats his goal of getting you out of possession quickly. Your landlord is, most likely, facing his being in material default under his agreement of sale with a buyer - by not being able to deliver the property to buyer free and clear of any tenants on the closing date. He appears to be in a bad situation and you appear to be in a good negotiating position. Perhaps you can make something positive ($$$) from the bind your landlord is in - especially in light of how badly he's been treating you!

James L. Arrasmith
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Answered

A: You should start by reviewing your written lease and any emails or texts discussing the 60-day agreement; if you have proof of that promise, it strengthens your case. Remind your landlord in writing that you understood you’d receive at least 60 days after the sale and ask for clarification about why you’re being asked to leave sooner.

If he refuses to honor the original deal, let him know you may seek help enforcing your rights under your local tenancy laws. Many cities have tenant unions or housing organizations that offer free advice; try contacting your county’s tenant rights group or a local legal aid clinic for guidance.

You can also check if your state’s housing department oversees landlord-tenant disputes—they often have complaint processes or mediation services. If you can’t resolve this informally, consider sending a certified letter demanding he honor the 60-day notice or risk a legal challenge.

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