Be Careful When Entering Into a Lease!

In Pennsylvania, legally permissible grounds for early termination of a lease are very limited. Most commonly, Pennsylvania’s statutes only generally recognize rights to unilaterally terminate leases for members of the United States military or Pennsylvania National Guard (51 Pa.C.S. §§ 7315 and 7315.1) and in the event of a tenant’s death (68 Pa.C.S. § 250.514). Alternatively, limited grounds exist under federal law, specifically the Fair Housing Act, for lease termination where a landlord fails to reasonably accommodate a tenant’s disability. See, i.e., 42 U.S.C. § 3604(f)(3)(B). Otherwise, termination is permitted only in other limited circumstances, such as uninhabitable premises or a landlord’s breach of obligations under the lease agreement. See Pugh v. Holmes, 486 Pa. 272 (1979); see also 68 Pa.C.S.. § 250.101 et seq. 

In the absence of particular terms permitted early termination of one’s lease, Pennsylvania law has long recognized the applicability of contract to the governance of lease agreements and the deference to:

“give effect to the intent of the parties as reasonably manifested by the language of their written agreement. When construing agreements involving clear and unambiguous terms, this Court need only examine the writing itself to give effect to the parties' understanding. This Court must construe the contract only as written and may not modify the plain meaning under the guise of interpretation.” Gamesa Energy USA, LLC v. Ten Penn Ctr. Assocs., L.P., 181 A.3d 1188, 1192 (Pa. Super. 2018) (citing Loughman v. Equitable Gas Co., LLC, 134 A.3d 470, 474 (Pa. Super. 2016)).

So when entering into a lease make sure that there is a termination provision that protects you in the event you need to terminate the lease!