Breaking a Lease in Bucks County, Pennsylvania – Know the Laws

Key Takeaways

• Tenants in Pennsylvania can legally break a lease without penalty under specific conditions like military duty, uninhabitable housing, or landlord violations.
• Landlords who fail to meet habitability or privacy standards risk allowing tenants to terminate leases early without consequences.
• Clear lease terms, proper documentation, and proactive management help landlords minimize risks when leases are broken.

Despite your tenant’s good intentions to stay for the entire lease term, they may need to break their lease. Normally, to break a lease term is a serious violation that attracts penalties.

However, according to Pennsylvania housing law, there are some reasons that can allow a tenant to terminate or break their lease without penalty. Understanding a tenant’s rights to legally terminate or break a lease is part of the landlord-tenant laws. 

This blog by Keyrenter BuxMont provides everything you, as a landlord, need to know about breaking a lease in Pennsylvania.

Renter’s Rights & Responsibilities when Signing a Lease in Pennsylvania

The lease gives a tenant certain rights and responsibilities. If a Bucks County landlord violates tenant’s rights this could present them with the ability to terminate the lease early without penalty. 

Some rights tenants have to include:

• The right to live in a home that meets the minimum safety and health standards: Pennsylvania requires landlords to abide by the Implied Warranty of Habitability. Among other things, this means ensuring your tenant has running, drinkable water, and hot water, and is living in a weatherproofed home.
• The right to live in privacy: entering without reasonable notice or without tenant consent (unless in emergencies) may violate the tenant’s right to quiet enjoyment. 

Instances When Breaking a Lease in Pennsylvania is Legally Justified

As a landlord in Pennsylvania, landlords generally cannot penalize tenants for breaking their lease due to any of the following reasons:

If There is an Early Termination Clause in Place

Having an early lease termination clause gives the tenant the right to break their lease agreement early if they follow the requirements. 

Generally speaking, the lease clause usually requires a tenant to meet the following two requirements:

1. Pay a penalty fee, which is typically equivalent to the rent for two months. A landlord may then use the funds to make the unit rent-ready and run a marketing campaign to find a new tenant.
2. Provide 30 days’ notice. This should help the landlord to find a qualified replacement tenant.

If the Tenant is Starting an Active Military Duty

This is made possible by the Servicemembers Civil Relief Act. The act gives tenants who are either deployed or relocated due to active military service a right to break their lease.

The state of Pennsylvania defines a servicemember as one who is a member of the:

• Commissioned corps of the Public Health Service
• Armed Forces
• Activated National Guard
• Commissioned corps of the National Oceanic and Atmospheric Administration

The tenant starting active duty must meet certain requirements before they can break from the lease without penalty. The lease termination notice requirements include:

• Show proof that they will stay in military service for 90 days or more.
• Show proof that they signed the lease prior to starting active duty.
• Notify their landlord of their intentions to break the lease, as well as accompany the written notice with letters from their commanding officer.

That said, the lease doesn’t end right away. The earliest the lease expires is 30 days following the next rental period’s start date. Suppose, for instance, your tenant delivered the notice on the 13th of April. 

If rent becomes due on the 1st of every month, then the earliest their lease term can end will be June 1st, meaning they will still have a rent obligation for the month of May.

If the Unit is No Longer Habitable

Pennsylvania sets specific safety and health codes that landlords must meet when renting out their properties. 

At a minimum, that means providing the apartment or rental unit that has things such as:

• Safe-to-drink running water
• Hot water during the cold season
• Pest-free premises
• Well-maintained stairways and railings
• Properly functioning door and windows
• Reasonable protection from criminal intrusion
• Weatherproofed walls and roofs
• A properly working electrical and plumbing system

If landlords fail in this responsibility, especially after repeated requests from their tenants to fix the issues, the unit will be deemed uninhabitable. As a result, the tenant may have legal grounds to terminate the lease or seek other remedies.

If an Action Amounts to Landlord Harassment

Regardless of what your Pennsylvania tenant has done, harassment of any kind is illegal and never justified. It can result in various forms of legal actions being taken against you, as the landlord. 

A court may impose a penalty. This fine can go up if landlords have a history of harassing their tenants.

To guard your reputation, as a landlord, and avoid legal issues, you’ll want to avoid any of the following behaviors:

• Refusing to make a repair after being notified by your tenant
• Falsifying charges against your tenant to evict them from your rental unit
• Retaliating against your tenant for exercising any of their rights, such as joining a tenants’ union to advocate for their rights
• Making sexual advances to your rental unit tenant
• Coercing, threatening, or intimidating your tenant either through a phone call or in-person
• Making an unreasonable rent increase without proper justification or written notice
• Refusing to take or acknowledge a rent payment
• If you make repeated entries to your tenant’s unit without serving them an advance notice

If the landlord repeatedly violates a tenant’s rights, they can break their lease without being penalized.

Instances When a Landlord Can Penalize a Tenant for Breaking the Lease Early in Pennsylvania

A landlord can penalize their Pennsylvania tenant for breaking the lease agreement to do any of the following:

• Move into the new property they bought
• Relocate in order to upgrade or downsize the property
• Move-in with a partner
• Move to be closer to friends and family

Landlord’s Duty to Find a New Tenant in Pennsylvania

Pennsylvania law has historically not imposed a strict duty to mitigate damages, but landlords are generally encouraged to make reasonable efforts to re-rent the unit.

While understanding the legal requirements is essential, landlords should also follow best practices to minimize risk and handle lease breaks more effectively.

Best Practices When Handling Lease Breaks in Pennsylvania

Communication plays a major role when tenants request an early lease termination. Even when a situation may qualify as legally justified, failing to provide proper written notice or documentation can delay or complicate the process. 

As a landlord, keeping clear records of all communications, such as emails, maintenance requests, and notices, can help protect you if a dispute arises. Written agreements and timelines create transparency and reduce the risk of misunderstandings between both parties.

Another important consideration is the handling of the tenant’s security deposit after a lease is broken. Even when a lease is legally terminated, they are still responsible for leaving the unit in good condition. Landlords can deduct unpaid rent, repair costs for damages beyond normal wear and tear, and other allowable expenses from the deposit. 

However, Pennsylvania law requires landlords to provide an itemized list of deductions within 30 days after the lease ends. Failing to do so could result in penalties or the forfeiture of the right to retain any portion of the deposit.

It’s also worth noting that while Pennsylvania does not impose a duty to mitigate damages, many landlords still choose to re-rent the unit as quickly as possible. Doing so can help maintain consistent cash flow and reduce vacancy periods. 

Lastly, having a well-drafted lease agreement can prevent many early termination issues from arising in the first place. Including clear clauses about early termination, notice requirements, penalties, and tenant responsibilities ensures that both parties understand their obligations from the start. 

A thorough lease not only protects your investment but also fosters a more professional and respectful landlord-tenant relationship.

Understanding the legal grounds for lease termination is only part of effectively managing a rental property. By maintaining organized documentation, handling deposits correctly, and proactively managing vacancies, landlords can reduce risk and protect their bottom line. 

By applying these best practices alongside a strong lease agreement, landlords can handle early lease terminations more efficiently while maintaining positive tenant relationships.

Bottom Line

As a landlord, it’s important that you understand the legally justified reasons for breaking a lease agreement. You should also stay informed of landlord-tenant laws in the state, security deposit laws, eviction processes, the Fair Housing Act, and more.

If you would like help managing your rental property, the experts at Keyrenter Property Management BuxMont can help. We provide full-service property management solutions to maximize your ROI and ensure your peace of mind.

Disclaimer: This information isn’t a substitute for professional legal advice. Also, laws can change and this information may not be updated at the time you read it. For expert legal advice, please get in touch with a licensed attorney.