Are There Valid Reasons to Break a Lease in PA?

Leases are legally binding contracts between landlords and tenants, and both parties are expected to abide by their terms. However, life is unpredictable, and tenants may sometimes find themselves needing to terminate their lease before the agreed-upon end date. 

In Pennsylvania, breaking a lease without legal justification can lead to consequences such as financial penalties, lawsuits, and damage to the tenant’s credit. However, under Pennsylvania landlord and tenant laws several valid reasons for early lease termination are recognized. 

The General Rule—Leases Are Legally Binding

Under Pennsylvania landlord-tenant law, once a lease agreement is signed, it becomes enforceable as a contract. This means both parties are obligated to perform their respective duties:

• Tenants must pay rent and adhere to the lease terms.
• Landlords must maintain the property and provide a habitable living environment.

A tenant who unilaterally terminates the lease or rental agreement without a legally justifiable reason is generally considered in breach of contract. The landlord may pursue remedies such as:

• Suing for unpaid rent
• Withholding the security deposit
• Filing a civil lawsuit for damages

That said, there are legal circumstances under which a tenant can lawfully break a rental lease in Pennsylvania before completion of the entire lease term.

Valid Legal Reasons to Break a Lease in Pennsylvania

Active Military Duty (Federal Protection)

Under the Servicemembers Civil Relief Act (SCRA), tenants who enter active military service are legally allowed to terminate a lease early. The law applies to:

• Active duty members of the Armed Forces
• National Guard members called to federal active duty
• Commissioned officers in the Public Health Service or NOAA

To break the lease legally under SCRA:

• The tenant must provide the landlord with written notice.
• The tenant must also supply a copy of their military orders.
• Termination takes effect 30 days after the next rent payment is due.

Uninhabitable Living Conditions

Under the “implied warranty of habitability”, Pennsylvania landlords are required to maintain rental properties in a livable condition. This includes:

• Providing heat, water, and electricity
• Ensuring structural safety (no collapsing ceilings, floors, etc.)
• Addressing mold, infestations, sewage backups, or lead paint

If the landlord fails to make necessary repairs after proper notice, and the apartment or rental unit becomes legally uninhabitable, the tenant may have grounds to break the lease. However, this option should only be exercised after:

• Providing written notice of the issue (as per the lease termination notice requirements)
• Allowing the landlord a reasonable time to fix the problem
• Documenting the condition with photos or inspection reports

Landlord Harassment or Privacy Violations

Tenants in Pennsylvania are entitled to quiet enjoyment of their rental property. While there’s no state statute requiring landlords to provide notice before entering (unlike some other states), excessive, unjustified entry could be considered harassment.

Grounds for breaking a lease might include:

• Repeated unlawful entry by the landlord
• Changing the locks without notice
• Turning off utilities to force the tenant out

Such behavior may constitute constructive eviction, which gives the tenant the right to move out without further obligation.

Victims of Domestic Violence

Pennsylvania law 68 Pa.C.S. § 250.511b allows victims of domestic violence to terminate their lease early under specific conditions. A tenant may break a lease without penalty if:

• They or a household member is a victim of domestic abuse
• They provide the landlord with written notice and a copy of a protection from abuse (PFA) order or similar court order
• The tenant vacates the property in a reasonable amount of time

The law shields domestic violence victims from retaliation and allows landlords to hold the abuser, and not the victim, liable for damages.

Lease Clause Allows Early Termination

Some agreements may include an early lease termination clause, which outlines a process and fee for breaking the lease early. This clause may allow a tenant to end the lease by:

• Providing 30 to 60 days’ notice
• Paying a fixed penalty, often one or two months’ rent

This option is contractual rather than statutory but is fully enforceable when properly drafted and agreed upon.

Job Relocation (Contractual Only)

While job relocation or a long commute isn’t a legal reason under Pennsylvania statutes, some leases provide flexibility if a tenant must move due to employment. If not included in the lease, the landlord is under no legal obligation to release the tenant unless mutually agreed upon.

Invalid Reasons That Won’t Excuse Breaking the Lease

Not all personal reasons justify breaking a lease before completion of the entire lease period. Examples of non-legal reasons include:

• Buying a house
• Moving in with a partner
• Disliking neighbors or roommates
• Loss of employment (unless covered by lease terms)
• Desire to downgrade or upgrade housing

While these may be compelling personal circumstances, tenants can still be held liable for rent until the lease term ends or a replacement tenant is found.

Tenant’s Legal and Financial Obligations After Breaking the Lease

Even when a tenant breaks a lease for a non-legal reason, the landlord cannot simply sit back and collect rent through the end of the term. Pennsylvania law requires landlords to make a reasonable effort to mitigate damages.

Duty to Re-Rent

Landlords must attempt to re-rent the unit as quickly as possible. Once a qualified replacement tenant is found, the original tenant is only responsible for:

• The remaining rent due up to the date of the new tenancy
• Any costs directly related to finding a new tenant (advertising, broker fees)
• Property damage beyond normal wear and tear

Security Deposits

Under Pennsylvania law 68 Pa.C.S. § 250.512, landlords must return the security deposit within 30 days of lease termination, minus:

• Unpaid rent
• Damages beyond normal wear and tear

Tenants who break a lease may risk forfeiting their deposit depending on the lease terms and whether the landlord successfully re-rents the property.

Steps to Take Before Breaking a Lease in Pennsylvania

Breaking a lease should be a last resort. Tenants considering this step should:

• Review the Lease: Look for early termination clauses or penalties.
• Notify the Landlord in Writing: Explain the reason for termination and give proper notice.
• Offer a Solution: Suggest a subletter or a replacement tenant.
• Document Everything: Keep records of correspondence, photos, and receipts.
• Negotiate If Possible: Many landlords will agree to a mutual termination with minimal penalties to avoid litigation in the small claims court or vacancy.

Subletting as an Alternative

Pennsylvania doesn’t prohibit subleasing, but a tenant’s ability to sublet depends on lease language. If permitted:

• The original tenant must still comply with the lease and may remain liable.
• The landlord must typically approve the subtenant.

Subleasing can be a practical way to avoid breaching the lease while relocating.

What Landlords Can (and Cannot) Do

Landlords Can:

• Require written notice for early termination
• Charge lease-breaking fees if allowed in the lease
• Sue for unpaid rent or damages

Landlords Cannot:

• Lock the tenant out without a court order
• Harass the tenant into leaving
• Retaliate against tenants who exercise legal rights (such as reporting habitability issues)

Legal Remedies for Disputes

If a dispute arises over early lease termination, both parties can take legal action:

• Tenants may sue for return of the security deposit or constructive eviction.
• Landlords may sue for unpaid rent, advertising costs, or other losses.

Negotiations are generally recommended before resorting to formal legal proceedings.

How Our PA Landlord-Tenant Attorneys at Morella Bencsics Will Represent You

At Morella Bencsics, our landlord-tenant attorneys provide strategic, results-oriented legal representation in lease-breaking disputes for both landlords and tenants across Pennsylvania. Whether you’re a property owner facing a sudden lease termination or a tenant needing to exit a lease due to unexpected circumstances, we offer knowledgeable guidance backed by years of experience in PA landlord-tenant law.

For Landlords

If a tenant breaks their lease without legal justification, we help you enforce your rights under Pennsylvania law. Our team will analyze the lease terms, assess whether the tenant’s actions constitute a breach, and pursue remedies such as recovering unpaid rent, collecting damages, retaining security deposits, or initiating eviction proceedings where appropriate. 

We also help you comply with your legal obligation to mitigate damages by assisting with the prompt re-leasing of the unit. If litigation is necessary, our attorneys are prepared to represent your interests in court and secure favorable outcomes.

For Tenants

If you’re facing circumstances such as uninhabitable conditions, domestic violence, job relocation, or military deployment, we will evaluate whether your situation qualifies as a valid legal reason to terminate your lease. 

We guide tenants through the process of providing formal written notice, assembling documentation, and negotiating a lawful and low-risk exit strategy. If the landlord refuses to cooperate or withholds your security deposit unjustly, we will advocate on your behalf through negotiation or litigation.

We also represent clients in lease disputes involving early termination clauses, subletting issues, or constructive eviction claims stemming from landlord harassment or violations of the implied warranty of habitability.

At every stage, Morella Bencsics provides responsive, personalized legal counsel that prioritizes your financial well-being and legal standing. With deep roots in the Pittsburgh region and a track record of success representing both landlords and tenants, we’re positioned to resolve disputes efficiently and protect your rights. To schedule your free consultation, call us at (412) 960-1656 or contact us online.