Breaking a lease in Pennsylvania
Source: 68 P.S. § 250.501 (Landlord and Tenant Act of 1951 § 501); 51 Pa.C.S. §§ 7315, 7315.1 · Checked against the statute
- Tenant notice, month-to-month
- 15 days, ending with a rental period
- Landlord must try to re-rent
- No
- State early-termination rights
- Military service (state law)
When can I move out in Pennsylvania?
Choose your state, your situation and the date your landlord will receive notice.
Ending a month-to-month tenancy
If you are the tenant
- The statute does not set a tenant's notice for a periodic lease. The Attorney General's tenant guide says a month-to-month (or year-to-year) tenancy renews automatically unless the tenant or landlord gives at least 15 days' notice before the current term (month or year) ends.
If the landlord ends it
- A landlord who wants possession when a term ends must give written notice to quit; for a lease of one year or less or of indeterminate length, the notice must give the tenant 15 days from service to leave (68 P.S. § 250.501(a)-(b)). The Attorney General's guide says this means at least 15 days' notice before the current month ends.
Written notice required: Not stated. A landlord's notice to quit must be in writing and served personally, left at the main building, or posted on the premises (68 P.S. § 250.501(a), (f)). The statute does not say how a tenant must give notice; the lease controls.
Leaving a fixed-term lease early
There is no general right to end a lease early. A tenant who moves out early without a lease clause allowing it, and without a landlord breach, will likely owe rent until the lease ends or the unit is re-rented, and may forfeit the security deposit (PA Attorney General guide; 68 P.S. § 250.512(a)).
Landlord's duty to re-rent: No. The Pennsylvania Supreme Court held that a landlord whose tenant abandons in breach of the lease has no duty to mitigate damages (Stonehedge Square L.P. v. Movie Merchants, 715 A.2d 1082 (Pa. 1998)); that case involved a commercial lease. The Attorney General's 2022 tenant guide states the landlord has no obligation to find a new tenant. An older MidPenn Legal Services brochure (2010) says the opposite, so the residential rule is not settled by statute.
Lease-break fees: No statutory limit on early-termination or reletting fees; the lease controls.
When Pennsylvania law lets you leave early
Military service (state law) (51 Pa.C.S. § 7315)
Pennsylvania National Guard members called to federal active duty or State active duty, and other reservists called to active duty, for 30+ consecutive days may cancel a residential lease without penalty.
- Proof:
- Written notice to the landlord (mail is allowed) at any time after active duty or State active duty begins; the lease must have been signed before that duty began.
- What you still owe:
- No cost or penalty. For monthly leases, termination is effective 30 days after the next rent due date after the notice; otherwise on the last day of the month after the month of notice. Advance rent is refunded.
Military service (state law) (51 Pa.C.S. § 7315.1)
Servicemembers and full-time Pennsylvania National Guard members can end a housing lease with 30 days' written notice after qualifying orders or discharge.
- Notice:
- 30 days, in writing
- Proof:
- Written notice effective at least 30 days after receipt, plus a copy of the orders or a commanding officer's letter before the termination date. Applies to permanent change of station orders, temporary duty orders over 3 months, honorable discharge/release, or orders to government quarters, for armed forces members and full-time PA National Guard members or technicians.
- What you still owe:
- Final rent is prorated to the termination date; advance rent is refunded within 30 days.
Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.
City and county rules
- Philadelphia: Victims of domestic violence or sexual assault may end a lease early and get their security deposit back (Philadelphia Code § 9-804). Community Legal Services says the tenant sends a letter within 90 days of a reported incident giving 30 days' notice, with proof such as a police report, protection-from-abuse order, or letter from a health care professional, counselor or victim-services organization.
- Philadelphia: For leases of less than one year (including those that convert to month-to-month), a landlord needs good cause to end or not renew, with at least 30 days' written notice stating the reason, delivered by hand or first-class mail with proof of mailing; otherwise the lease renews month to month (Fair Housing Commission).
Also good to know
- Pennsylvania has no statewide statute letting domestic-violence victims end a lease early. HB 72 (2025-26), which would add one, passed the House and was referred to the Senate Urban Affairs & Housing Committee on May 1, 2026; it is not law.
- A notice to quit for nonpayment of rent gives 10 days; for a lease of more than one year ending or breached, 30 days (68 P.S. § 250.501(b)).
- Domestic-violence victims get 30 days (instead of 10) to appeal a residential eviction judgment (68 P.S. § 250.513).
Next steps
- Write a Pennsylvania notice to vacate
- Pennsylvania security deposit law: getting your deposit back after you move
Sources
- Landlord and Tenant Act of 1951 (1951 Act 20), 68 P.S. § 250.101 et seq. Retrieved October 13, 2026.
- PA Attorney General, Consumer Guide to Tenant and Landlord Rights (v1.1, June 2022) Retrieved October 13, 2026.
- 51 Pa.C.S. Chapter 73 (§§ 7315, 7315.1) Retrieved October 13, 2026.
- Stonehedge Square L.P. v. Movie Merchants, Inc., 715 A.2d 1082 (Pa. 1998) Retrieved October 13, 2026.
- MidPenn Legal Services, Moving Before Your Lease Is Up? (2010) Retrieved October 13, 2026.
- Neighborhood Legal Services, Notice to Vacate Retrieved October 13, 2026.
- Philadelphia Fair Housing Commission, Unfair rental practices Retrieved October 13, 2026.
- Community Legal Services, Housing Rights for Victims of Domestic or Sexual Violence (Philadelphia) Retrieved October 13, 2026.
- HB 72 (2025-2026) bill status Retrieved October 13, 2026.
Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.