Automatic full year lease renewal. legal? (Scranton, Washington: subletting, 2013, apartments)

[johnnyzed]

I'm currently at summit by the lake up by lake Scranton. I signed original lease over 2 years ago and want to get out of this, pardon the language $hithole. I called the office to give them a 3 month notice and they told me in July of this year they slid a paper under my door stating the lease automatically renewed until July 2013? No one from the office called me to ask if i was staying for another year and i signed nothing. I did not sign any new lease, i wasn't even told about it automatically renewing.
I've leased apartments in Hawaii, Manhattan, Washington DC, and never heard of this, i always had to meet with someone at the office to sign the new lease.
Am i stuck with this until July 2013? or is what they did even legal?
I appreciate any help
Thank you
Johnny Zed

[Riverside4ever]

I dont think its 100% legal .. Bring the paper to a lawyer for a free consult ...

[MatildaLoo]

I would also consult with an attorney, but for the most part an automatic renewal lease certainly is legal.

Do you still have a copy of the lease you signed when you first moved in? I hope so, because that's part of being a responsible tenant. If it states that your lease will automatically renew, and you signed it, you are SOL. It's your responsibility to understand your own lease and what you signed up for. It also sounds like they gave you notice when your lease automatically renewed, and you ignored it.

Does it suck that you are locked in for another eight months? Yes, I suppose. But if they are keeping the apartment habitable and your lease has a clause for automatic renewal, there's not much you can do other than look into how to break the lease.

[talloolla]

I am not familiar with Pennsylvania Law but I do have a rental in another state. In the original lease that tenants sign, it states that it will automatically roll over and renew for another 6 month period. Check your original lease. IMO if there is nothing concerning a renewal, the new lease is not binding. That being said, if you have conditions that you find unlivable, you should be able to break the lease. Giving them a 3 month notice would be considered fair ...giving them time to rent to someone else. From a landlord's point of view, I would not want to force someone to stay and would work with my tenant to reach an agreement that worked for both of us.

[MatildaLoo]

Originally Posted by talloolla

I am not familiar with Pennsylvania Law but I do have a rental in another state. In the original lease that tenants sign, it states that it will automatically roll over and renew for another 6 month period. Check your original lease. IMO if there is nothing concerning a renewal, the new lease is not binding. That being said, if you have conditions that you find unlivable, you should be able to break the lease. Giving them a 3 month notice would be considered fair ...giving them time to rent to someone else. From a landlord's point of view, I would not want to force someone to stay and would work with my tenant to reach an agreement that worked for both of us.

This isn't a private rental though. Summit by the Lake is owned by a big rental corporation and they'll make anyone trying to break a lease pay through the nose if they can.

[Wells5]

When dealing with a landlord, especially a big outfit with a lot of rental units, you should read the lease carefully before signing it. Every legal residential lease will state the length of the lease and the renewal terms. Most such leases will have an automatic renewal (with or without rent escalation provisions) and they must also have lease termination provisions.

You should have sent your landlord in the time specified by the lease a certified letter stating that you intended to move out at the end of your lease. Verbal notice cannot stand up in court if your dispute comes to that.

Your lease should also contain a provision about subletting. If it does not, ask your landlord if he will allow you to sublet. This is your best bet if you need to move out and don't want to be sued for the balance of rent due.