Breaking a lease agreement in Pennsylvania isn’t always straightforward. While the rules can feel complex, state law gives tenants certain rights to end a lease early without penalty. This guide explains those rights, the risks involved, and how landlords and tenants can protect themselves.
Legal Reasons to Break a Lease Early in Pennsylvania
In Pennsylvania, both landlords and tenants can sometimes end a lease agreement before its scheduled expiration date. Common situations that allow early termination include:
1. Active Duty Military
Federal law gives tenants the right to break a lease early when called to active military duty. The protection applies to service members ordered to deploy or relocate under a permanent change of station, beginning the first day of active duty and lasting 30 to 90 days after discharge.
To qualify, the tenant must have served more than 30 days in the military, Reserve, or National Guard, or have served as an officer in the Public Health Service or NOAA, with PCS or deployment orders issued before signing the lease.
Tenants must provide the landlord with written notice and proof of service. The lease doesn’t end right away; instead, it terminates no sooner than 30 days after the next rent due date. This window gives both sides time to adjust before the lease officially closes.
Supporting law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
2. Domestic Abuse, Sexual Violence & Other Crimes
In Pennsylvania, there is no statewide right to break a lease for domestic violence, sexual assault, stalking, or abuse. But tenants in Philadelphia and Pittsburgh may terminate a lease without penalty if they provide notice and documentation under local ordinances.
In these cities, the abuse must meet local definitions and involve the tenant or household member. Philadelphia requires a request within 90 days of reporting, at least 30 days’ notice, and proof such as a PFA, police report, or letter from a professional.
Tenants must give 30 days’ notice, provide valid documentation, and move out by the termination date; they remain liable for rent during the notice period and any damages. Pittsburgh’s ordinance provides similar protections plus lock-change rights. Elsewhere in Pennsylvania, state law doesn’t grant this relief.
Supporting laws: Philadelphia Code § 9-804(6)–(7)
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
3. Uninhabitable Living Conditions
In Pennsylvania, tenants may end a lease early without penalty if the rental becomes uninhabitable. This rule applies when serious health or safety issues exist, the tenant notifies the landlord, and the landlord fails to make essential repairs within a reasonable time.
State law recognizes an implied warranty of habitability, requiring landlords to keep rentals safe and sanitary. Conditions making a unit uninhabitable cannot result from the tenant’s actions or neglect. Common examples include:
- Ineffective weatherproofing
- Inadequate plumbing facilities
- Lack of hot and cold running water
- No working heat during cold weather
- Unsafe structural hazards, such as broken stairs or railings
To terminate a lease due to uninhabitable conditions, tenants should provide written notice stating that the landlord failed to make repairs. They should also keep proof of code violations or prior repair requests as evidence.
Supporting laws: Pugh v. Holmes, 68 P.S. §§ 250.502-A, 250.503-A
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
4. Landlord Harassment or Privacy Violations
In Pennsylvania, tenants may break a lease early if a landlord’s actions amount to constructive eviction or if a court grants relief for serious violations of privacy or fair housing rights. State law does not provide a general “harassment” clause, but tenants may assert rights through court or agency action.
Examples of landlord conduct that can justify early termination include:
- Unlawful entry: Repeated or unreasonable entry without consent (no statewide 24-hour rule, but “reasonable notice” is expected).
- Constructive eviction: Lockouts, removing doors or windows, cutting off utilities, or changing locks.
- Failure to repair: Ignoring essential repairs that breach the implied warranty of habitability.
- Discrimination: Mistreating tenants based on protected categories under the Fair Housing Act or state law.
To end a lease early, tenants should provide written notice, document violations, and may vacate and claim constructive eviction or seek a court order. Relief may also come through the Pennsylvania Human Relations Commission in discrimination cases.
Supporting laws: Pugh v. Holmes, Kuriger v. Cramer, Pennsylvania Attorney General – Landlord-Tenant Guide, 42 U.S.C. §§ 3601–3619
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
5. Unenforceable or Void Lease Agreement
In Pennsylvania, tenants may end a lease early without penalty if the agreement is void or legally unenforceable. This situation applies when someone signed under duress, when a minor signed, or when the unit is unlawful to rent under housing codes.
A lease is voidable or unenforceable in Pennsylvania if:
- Signed under duress: Coercion or unlawful threats undermine a tenant’s free choice.
- Signed by a minor: Leases signed by those under 18 are generally voidable at the minor’s option.
- Unit is illegal: Rentals lacking required permits or failing to meet safety codes, such as unsafe wiring or noncompliant ceilings, may not be lawfully rented.
When a lease is declared void or unenforceable, courts will treat it as if it never existed. Tenants can move out without ongoing rent liability, and landlords must return the security deposit. If the landlord doesn’t return the security deposit, tenants may pursue recovery in magisterial district court.
Supporting laws: Pugh v. Holmes, 68 P.S. § 250.512
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
6. Landlord Retaliation
In Pennsylvania, tenants may end a lease early without penalty if a landlord retaliates after they exercise legal rights. State law bars landlords from punishing tenants for reporting code violations, requesting repairs, withholding rent, or asserting rights under housing and health laws.
Protected tenant actions include:
- Using or attempting to use legal rights
- Reporting building or health code violations
- Withholding rent when essential repairs go ignored
- Filing complaints with housing or regulatory agencies
Examples of retaliation include:
- Starting an eviction case in response to complaints
- Cutting back services or limiting access to the property
- Raising rent or making significant changes to lease terms
- Interfering with tenant rights guaranteed by the lease
Tenants can show retaliation with evidence such as complaints on file, inspection records, or sudden lease changes tied to protected activity. Landlords may argue that they planned their actions before the tenant acted.
Supporting law: 68 P.S. § 250.205
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
7. Mutual Agreement Between Landlord & Tenant
In Pennsylvania, a lease can end early without penalty if both landlord and tenant consent. This situation can play out through direct negotiation or by following an early termination clause already written into the lease. A signed written agreement should confirm the terms.
Common reasons for mutual termination include:
- Job relocation or transfer
- Financial strain
- Family or medical circumstances
- Landlord plans to sell the property
- Major renovations or redevelopment
- Tenant buying a home
When requesting early termination, tenants should explain their situation and propose terms. The parties can then agree on notice, final rent payments, and how they will handle the deposit. A written termination agreement ensures the lease ends legally and fairly.
Other Legal Reasons for Breaking a Lease in Pennsylvania
Tenants in Pennsylvania may also end a lease early when state or federal law grants special protections beyond standard rules. These exceptions apply in situations outside habitability problems or landlord harassment, giving tenants added rights to terminate without penalties.
Other valid reasons include:
Condemnation of the rental property: If authorities condemn a property for health or safety code violations, the unit becomes legally uninhabitable. In that situation, tenants may vacate without future rent obligations.
Supporting law: Pugh v. Holmes
Natural disasters that render the unit uninhabitable: Severe damage from fire, flooding, or other disasters that make a unit unsafe can justify lease termination under the implied warranty of habitability.
Supporting law: Pugh v. Holmes
These less common situations are still recognized under Pennsylvania law. Tenants must usually give proper notice and supporting documentation to the landlord.
Consequences for Illegally Breaking a Lease
In Pennsylvania, tenants who walk away from a lease without a valid legal reason risk losing their security deposit, getting sued in civil court, harming their credit, and dealing with poor rental references that can make future housing harder to secure.
Landlord’s Duty to Mitigate Damages in Pennsylvania
Pennsylvania courts have held that landlords have a duty to mitigate damages when a tenant breaks a lease. In other words, the landlord must make reasonable efforts to re-rent the unit rather than simply charging the departing tenant for the entire remainder of the lease term. Once a new tenant takes possession, the original tenant is responsible only for the rent covering the gap between move-out and re-rental.
Supporting law: Stonehedge Square Ltd. P’ship v. Movie Merchants, Inc.
Tenant’s Right to Sublet in Pennsylvania
Pennsylvania does not grant tenants an automatic right to sublease. A tenant must first secure the landlord’s written consent. With approval, subletting can ease financial pressure by having a subtenant cover rent, instead of leaving the tenant solely responsible for the lease.
Supporting law: Pennsylvania Landlord and Tenant Act, 68 P.S. § 250.101 et seq.
Navigate Broken Leases With Landlord Software
Breaking a lease in Pennsylvania can get messy, but the right property management software takes the stress out of the process. It keeps communication organized, tracks essential paperwork, and helps landlords and tenants stay compliant while reducing the risk of disputes.
Key features include:
- Online rental applications with built-in screening tools
- Simple lease creation with e-signatures
- Automated rent collection and reminders
- Centralized tracking for maintenance requests
- Integrated accounting and bookkeeping
- Secure storage for all rental documents
Sign up for a free account today to simplify rental management and handle lease challenges with less hassle.
