Re: Tenant sues 2 years after (PA) - Landlord Forum thread 359478

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

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

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