Legal Question in Landlord & Tenant Law in Pennsylvania

My boyfriend and I moved into this apartment in June. We do owe a bit of back rent but we are living in hazordous conditions. There are cockroaches, mold, no spickut on the bathtub, holes where we get drafts and mice. We have asked him to take care of it like he put in lease that he would contine to fix up the place. But he is telling us he will do nothing until we pay him everything. We have also told him we would do it and he can take it out of what we owe him. But he will not allow it. What should we do?


Asked on 1/24/10, 6:45 pm

1 Answer from Attorneys

#1 - put everything in writing, and send certified mail. #2 - READ the lease to see what it says. #3 - s/w the township, and ask if rental properties are to be inspected before renting, and if so, ask for the inspection records. #4 - open an escrow bank account, and put ALL your rent and past rent in there until the house is made "tenable", meaning it is suitable for renting and made safe. That means doors that work and seal reasonably, no cracked or broken windows, all plumbing fixtures work properly, no holes in the walls, no rodents, no cockroaches, etc. You are best off hiring an attorney, but if you proceed w/o an atty, DOCUMENT the condition of the property, bring over people (who will come to court for you) to observe it, photograph it, document it in writing to the LL (landlord), and demand he make repairs. Tell LL he is in violation of the implied warranty of habitability because of the property condition. BE AWARE that when you start to sound like you know what you are talking about, he may run to the courthouse, so you may want to open an escrow account, and 1) start to make repairs AFTER giving him notice that you will make the repairs and deduct it from your rent if he does not, and give him time to tell you he will do so ans adequate time to do so first, OR... 2) take him to tenant LL court, to compel him to make repairs, AND ask the court for a reduction in rent for the time you lived in sub-standard conditions.

Pennsylvania law limits the amount of a security deposit that a landlord may charge. During the first year of a lease the landlord may not require a security deposit of more than two months' rent. The second year of a lease the landlord may not keep a security deposit equal to more than one month's rent and must return any money over one month's rent which the landlord still has. After five years the landlord cannot increase a security deposit even though the monthly rent is increased.

Do some research online (start with: http://public.findlaw.com/abaflg/flg-6-2-9.html). There are a LOT of factors to consider!

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Answered on 1/30/10, 10:34 am


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