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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102584
Experience:  Attorney
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I have signed a lease in PA where it only allows one person.

Customer Question

I have signed a lease in PA where it only allows one person. My daughter will now have to live with me. Do I have any options if the landlord does not want to work with me? While I was signing the lease landlord said my daughter could stay there. After I notify him he said read the lease. It states one person may live there.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Unfortunately, I do not have good news here.

Under PA's landlord/tenant code (see HERE), there is no right to a family member to come live with the tenant. The closest that comes to this is that tenant may have guests:

"The tenant also shall have right to invite to his apartment or dwelling unit, for a reasonable period of time, such social guest, family or visitors as he wishes so long as his obligations as a tenant under this article are observed. "Section 250.504-A.

However otherwise, one cannot force the landlord to accept a second tenant/occupant without them agreeing.

Now, you do mention that the landlord stated that she can come live with you. However, the problem is that if there is a verbal agreement/discussion and a written contract, the written contract controls. This is called the parol evidence rule, so here, the contract controls. If it specifically says that no one else can come to stay, then it is binding regardless of what was verbally promised.

Now, the landlord is free to agree to amend the lease contract, but this is at their discretion. They may agree, or they may agree but may request a higher rent, which they can also do. It never hurts to ask/negotiate, of course.

Good luck.

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Customer: replied 1 year ago.
If I wanted to terminate to contract. Do I have any options without paying for remaining months. Its a year lease.
Expert:  Ely replied 1 year ago.

Sorry, but no.

Or rather, there is no option to quit. If one quits, they break lease. The landlord can hold he deposit, and may try to sue you for the time that the property stood empty until it was re-rented for the months that it would have been occupied by you.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.