Re: Tenant sues 2 years after (PA) - Landlord Forum thread 359477

Re: Tenant sues 2 years after (PA) by Garry on July 5, 2019 @20:18

This happened 2 years ago this week. A judge is not going to put much faith on what either of you can "remember" about what was said way back then. So if you can find anything in writing, emails, or texts, from that time period, that will hold a LOT more weight than what you remember.

She is the plaintiff, SHE has the bourdon of proof, not you. What may work against you, is if she can produce written proof of what the home inspector found. What works IN your favor, is she had possession for 4 days in July, and then just turned in the keys WITHOUT giving you a chance fix any problems she found. Of all the problems you noted, the mold found by an inspector might be the only reason a tenant may choose not to move in, til eliminated. However, finding mold is one thing, but she needed to have an actual housing inspector, or a health dept. inspector to see the mold, and say it was enough that no one should live there till it was taken care of, and re-inspected again. Most all states require a qualified health dept. or city/county housing inspector to say a property is uninhabitable, not just some tenant who simply say the place is not habitable.

I doubt she went that far. She wanted out, and you accommodated her as much as you possibly could. Bringing a lawsuit 2 years later, after the fact, says to a judge she did not need the money back then, or was willing to let you keep July's rent because she knew she owed it. I give you a 90% chance of winning.

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Re: Tenant sues 2 years after (PA) by Victor on July 5, 2019 @21:59	[ Reply ]

Hi Garry, Thank you for your advise. I have all the emails, pictures, and videos. The home inspector she invited should had provided her some written paper, which would be against me. But the inspector and she did not get License and Inspection Department involved. As you said, only LI agent have the authority to determine whether a place is habitable, and I should be notified and given chance to fix it. So that was where the tenant failed. Here are 2 pieces PA laws. Rent Withholding Act, 35 P.S. § 1700-1, allows tenants whose leased premises are declared to be Unfit For Human Habitation by an authorized code enforcement agency to escrow rent with an approved escrow agent. Pugh v. Holmes, 405 A.2d 897 (1978); [Implied Warranty of Habitability] Under the implied warranty of habitability the tenant has an obligation to pay rent and the landlord has an obligation to maintain habitable [safe, sanitary and fit] premises depend upon each other. If the landlord breaks his or her obligation to keep the premises in a reasonable fit condition, this may relieve the tenant from his obligation to pay part or all of his rent until the landlord makes all necessary repairs. The landlord must be given notice of needed repairs and a reasonable opportunity to make repairs, but he does not have to promise to repair before the tenant may withhold rent. The warranty of habitability is required by law in all leases (oral and written). As you said, she should notify me to repair. Thank you for cheering me up! Victor

Re: Tenant sues 2 years after (PA) by Victor on July 5, 2019 @22:18	[ Reply ]

I am thinking of having a home inspector come out. But this would be 2 years after the event occurred. So his findings will be less effective. In the Civil Complaint, the tenant did not mention mold. So maybe the mold she mentioned in her email was a bluff. Victor

Re: Tenant sues 2 years after (PA) by amy12 on July 6, 2019 @14:05	[ Reply ]

Also, she said the "inspector" said this & that. If that was really a fact, why didn't she scan or photocopy the persons report so you could address each specific issue. Sounds like she's short of cash & wants to bluff her way into you turning over the past rent. Good Luck.

Re: Tenant sues 2 years after (PA) by Victor on July 6, 2019 @22:00	[ Reply ]

I felt like that her inspector gave her some report. 2 weeks ago, I asked her to withdraw the case, and I gave the rent back to her. She did not respond. Last week, I got back from vacation, and checked the property, and found out that some of things she complained were not true. So I just emailed that I would give her $700 for her to withdraw the case after the findings. Based on what she wrote in her email what the inspector found 2 years ago, the inspector was very subjectively in her favor. I plan to undermine her inspector's credibility by showing judge some pictures, some common knowledge from internet, and emails with answers from one licensed home inspector.

Re: Tenant sues 2 years after (PA)