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  • School Housing Lease

    Pennsylvania
    My daughter is in college in Philadelphia. She has just been informed that the school will not be renewing their lease for the building that she is currently living in and everyone in that building has to move out at the end of the March quarter. The school has offered alternative accommodation in some of their other buildings, however there is not enough room to house everyone concerned and places will be assigned on a first come first served basis.

    In view of this,my daughter would like to find off campus housing, but has been told that she will have to pay a penalty of at least half of the current quarterly housing bill which amounts to about $1400 to break the lease. Her lease does not expire until the end of December.

    Is it legal for them to do this since she is essentially being forced to move through no fault of her own?

    Thank you for your time
    Harriet

  • #2
    Re: School Housing Lease

    She received notice that her building was being closed. They offered to transfer her to another suitable building. Did she apply for the other building? If she DID and they cannot accommodate her because there is no room, they will not be able to charge her a penalty to terminate the lease since they are terminating it by shutting the building and they have no other accommodations for her.

    If she did NOT apply for the new housing, she will have to pay the penalty. Other similar accommodations were offered to replace those that were being closed. If she didn't attempt to get into that housing, she will not know if there was room for her or not. She would not have been forced out of university housing, but will have chosen to leave (having refused the new housing offered.)

    If a LL must remove a tenant from a unit for some reason, he is responsible to provide other accommodations if they are available. In this case, other accommodations are available and have been offered. She must accept those accommodations to remain in her lease as long as they are equivalent. Chances are that these are - one dorm is much like another. If there is no room for her, she can get out without penalty. If there is room, and she fails to take it, she has chosen to break the lease and must pay. I suggest she accept the new dorm room.

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