QUESTION
Can a residential lease be broken by reason of "hardship"?
Asked on Dec 10th, 2021 on Landlord and Tenant Law - Pennsylvania
More details to this question:
In this instance, the renter has a year-to-year lease, which is set to expire 12/31/2021. She is 86, has no assets and underwent a severe loss of income due to her husband's death earlier this year. (She also had brain surgery a few months ago for three hematomas, which have left her with reduced motor capacity.)
1 ANSWER
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Generally, other than express terms in a contract that allow for termination, the only excuse for non performance is impossibility. Thus, if the contract required that you borrow $10 million dollars and you clearly are not able to, your performance might be excused as impossible.
Leases are straightforward contracts. In exchange for occupancy, the tenant must pay timely rent and comply with other terms in the lease such as maintenance and noise restrictions. Accordingly, mere insufficient income neither permits continued occupancy, nor excuses the balance owed.
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Matthew R. Nahrgang, Esquire
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Collegeville, PA 19426
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Answered on Dec 13th, 2021 at 9:04 AM