State Specific Question About: PENNSYLVANIA (PA)

Your vengeful approach is not appropriate.

Tenant has a right to leave when he wants, although he owes you damages in case that there are any. That is the limit of his obligation under a contract.

The measure of your damages is limited to your actual costs because of his breach, including the reasonable costs of retaking possession, preparing the premises for re-rental, and of re-renting the premises, plus rent lost under the contract. Few court will allow your damages for lost rent to exceed a reasonable time for you to find a replacement tenant.

Your anger and desire for revenge are beyond what you are entitled to. The contract does not bind the tenant to remain in the premises. It only provides for your reimbursement for financial damages resulting from the breach.

Although I've often wondered from some of his/her postings if Moshe is actually a tenant and not a landlord, he/she is correct that while you believe you are entitled to punitive damages because your tenant broke his contract, it is unlikely a court is going to rule your way.

While it is discouraging to go through the time and trouble to screen for stable tenants only to have them view a lease as something akin to toilet paper, you can only sue for what you are legally entitled to. And even then, it would be up to you to actually obtain any funds from a judgment; the court will not help you in this matter. Sometimes, in the end, all you can hope for is that such a judgment remains on the former tenants credit history of a number of years, perhaps shadowing their ability to purchase expensive items.

If he truly is buying and will have a loan, qualifying for that loan is getting harder and harder. Rarely do loans close exactly on time. If he has given you written notice he'll be out on the 30th and he isn't, then you can immediately sue for possession. Normally during the course of lender background checking they ask the landlord if the renter is current in his rent. So you as landlord would know which organization is gathering information on behalf of the lender. Also normally just before funding lenders pull current credit reports. So if your suit hits the courts during these times, it can often stop the lender. After all few lender want to loan money to someone being sued. So all you need to do is make sure that information becomes available to the lender and it may, just may, stop the house sale.

Of course the renter will still be in possession of your property and he could become vindictive, but you will have gotten some emotional satisfaction.

I don't recommend you do this. This is just business not personal, so don't take it personally.

Moshe is correct. There is NO element of punishment involved in a breach of contract. The only purpose of the court is to make you whole.

California Civil Code section 3294(a) provides:

(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.

I don't know how to turn on the bold, so I will repeat the operative language: "In an action for the breach of an obligation not arising from contract."

Punitive damages are NOT allowed in a breach of contract case. At least, not in CA. And Nevada has virtually the same language. I do not know about Penn.

If he has paid you September rent you can't do diddle.

He doesn't owe you anything yet so how would you file for breaking the lease or damages---.

You say you "just got word" --- can you translate that to LL language? Did the tenant notify you in writing or you heard it from a friend of a friend?

You can't go after him yet-- he doesn't owe you YET.

If he has given notice he's leaving it's not proper since the lease has an end date that he's not going to make.

If in writing send him a letter the notice is not acceptable and he has an obligation to complete the term of the lease or pay a lease cancel fee-- if you have that in your lease.

Stay positive and professional. Early termination clause a must (for the future). Also important to state in the lease deposit cannot be used for last month's rent. Another good reason to start eviction process the moment September rent not received (again for the future).

At present take a stance of attempting cooperation. You need move out letter and vacate date in writing. Start to advertise immediately. Try to get cooperation offering a bonus if a new lease is signed before move out. For him to get bonus need him to help you show now to new potential tenants.

None of this may be possible with uncooperative tenant.

He hasn't paid September rent? Eviction Notice Monday morning. Heck no.

This is especially bad for those of us in cooler climates. We can end up with an empty unit all winter. Been there, done that.

He is responsible for the rest of the Lease, ETF or not.

And no, a Security Deposit can NEVER be used for the last month's rent. Tell the tenant that right now. That is a refundable deposit for the use of damages. He is leaving you with no damage money, if you accept this as rent. No way.

if he didn't pay September rent, just file at the magistrate. Be certain to check the correct boxes on the complaint form so you also get October since he didn't give 30 days notice. You can ask for several extra months due to the lease being broken - I actually had one magistrate give me the balance of six months one time (not that I ever collected it). Others won't.