Legal Question in Real Estate Law in Pennsylvania
Landlord and tenant relations
I currently have a problem concerning my landlord. I have a possible petroleum contimination in my well water. The landlord has sent a person to take a sample of the water to test for petroleum and i was informed that the test could take as long as a week before any results are found. In the meantime, I have three children under the age of 4 in my home with no water to bath or cook with, we do have bottled water. My question is do I have any course of action against the landlord in the interm to provide an alternate source of water. I must also add that the property in which I lease has been purchased by a commercial developer who intends to demolish the area effective January 31, 1998 and is hesitant to expend a large sum fixing the well water problem.
1 Answer from Attorneys
possible petroleum contimination in my well water.
This answer is with respect to Pennsylvania only.
Lack of potable water may be a constructive eviction and create a condition of non-habitability. The Landlord is required to provide a habitable residence. If certain basic conditions are not met, the Landlord is breaching that requirement. There are also probably local health law violations and licensing (with respect to maintenance of rental property) violations. This means that you may be able to terminate the lease and have no obligations to the Landlord.
With respect to the possible transfer to a developer who plans to start development in January 1998, what is the term of your lease and do you want to keep it in effect? If the term goes beyond January 1998, the developer cannot just put you out.
However, from a practical standpoint, you need to have access to potable water. You may choose not to terminate the lease and to provide your own [bottled] water. You may have a right to withhold rent, which you should deposit into an escrow account.
But you should not take any steps to terminate the lease or to withhold rent until you have consulted with an attorney who should review your lease and the facts.
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