Legal Question in Real Estate Law in Pennsylvania

i mived into a rental property january of this year my husband signed a lease but never recieved a copy of it. we have been having problems with the septic system and they have not been repaired so we did not pay half the rent this month now he has had his nephew serve us with an eviction notice for 15 days. we are trying to find another apartment but it takes more time than that. is there any way to fight him for a longer eviction time?


Asked on 7/26/10, 5:41 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Consult with a local real estate lawyer who handles landlord-tenant cases, or, if you qualify for free legal services [based on household income], contact your local Community Legal Services.

A copy of the lease, which you should have received, would establish who is responsible for items like a septic system. Did you give written notice to the landlord about this problem? Also, check with your township to find out if there are special rental licenses or other requirements that landlords have to satisfy in order to legally rent out properties and sue for eviction. There may also be health and safety requirements of the township, and by lodging a complaint with the township, it may issue a violation against the landlord.

You may also entitled to a full calendar month notice before you have to vacate.

In any case, you cannot be required to leave until a court has ordered your eviction. If the notice states a court date, go to court on that date and ask for additional time to get a lawyer, and also state to the judge that there are critical repairs that the landlord has not made.

If the lack of repairs to the septic system make your house uninhabitable, by reason of health and safety issues, you may not be required to pay the rent or stay in the property.

In the meanwhile, you should be putting aside the rent that you wold have to pay, so that if the problems are resolved, you will be able to make those payments. You should also be looking for alternative living arrangements so that you will have a place to move if you cannot remain in the house because it is not habitable or because you are evicted.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 7/27/10, 8:37 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Pennsylvania