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Bill Attorney
Bill Attorney, Lawyer
Category: Real Estate Law
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Questions..... My lease states that my term I should be

Customer Question

Questions..... My lease states that my term I should be paying $4,975 for the year. My monthly Rent is $995.00, I have been paying the full amount every month. I am now moving out and breaking the lease 20 days early. I am not paying the last two months rent because I have technically according to my lease already over paid by over $5000. Should I be required to pay the last two months rent? If this goes to court, will I have to pay that amount considering the term of the lease is paid in full?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Bill Attorney replied 11 months ago.


Dear Customer ,

Thank you for your question today and it is my pleasure to be of assistance to you today. The use of this forum will not constitute any lawyer-client relationship but is strictly legal information provided by me to you. After taking my opinion on board, you should further consult with local attorney, who will be able to assess your information based on local laws and a complete interview.

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While a lease agreement should be a finalized agreement between both landlord and tenant, a party is allowed to introduce other evidence, circumstantial or verbal that might contradict the actual written agreement.

For this reason, the lease agreement in itself may not cover you if the landlord was to sue you in the justice or municipal court for the last two month's rent.

The landlord would be entitled to produce evidence that you had lodged $995 each month so far.

This would contradict the lease agreement and may highlight that the dollar amount in the lease was in fact a mistake.

For this reason, I know it's not what you want to hear, the lease dollar amount would not fully cover you in case the landlord sued you.

I am giving neutral advice and information about the law. This is a contractual dispute and this is how the courts deal with these kinds of disputes. They allow the introduction of external evidence where two parties are disputing a dollar amount in the lease.

PLEASE RTE MY ANSWER POSITIVELY before exiting so that I get a credit about informing you on contractual lease agreements in Pennsylvania.

I am here if you need any follow up question in relation to my answer.

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