Lanlord evicted me when I asked her to repair furnace. Is that legal?

Question

I have lived in the same home for 3+ years. I owe some back rent and I sent the landlord a letter stating that I would pay the current rent and when I got my income tax refund I would pay the back rent in full. She sent me a letter back stating that she agreed with that. So one month ago I called her to tell her that the furnace quit working (this was on Jan 18, happened to be the coldest night so far this winter, it was only 9 degrees outside.) She never returned my call and a couple days later I got a certified letter from her stating that if the back rent wasn't paid in full by February 1st I was to be out. The 1st came and went and I still didn't have my refund. She did not bother to contact me for the rent money, serve me with a court ordered eviction, or fix my furnace. It has been one month since my furnace broke (note: I also have 2 children.)

I bought a couple electric heaters but every time I plug them in they blow the fuses, I spent around $50 just on fuses for 3 days.

I can no longer use the electric heaters, so I have been using my electric oven to heat our home. Today she finally called me and it was today that I was expecting to get my tax refund, and explained I would send her a money order for the full amount owed to her. She said no, and that she wants me to move out. In the 3 years I have lived here I have done all maintenance to property and fixed all minor repairs on my own and out of my own pocket and never once requested reimbursement for the repairs I made. I have had to call her on 3 occasions in the 3 years requesting repairs that I could not do on my own.

The first call I got the same response as I did with the break down of the furnace, that if I pursued it I would be evicted. The only thing she did have repaired was a leaky water pipe that was costing me a fortune and causing damage to her building. We do not have a lease agreement and we live in Pennsylvania. Me and my children have been sick for the past 3 weeks (respiratory and sinus infections of some kind that won't seem to go away or even get better) and I am sure that it is because of the lack of heat in our home. It's usually between 48 - 52 degrees in here when we get up in the mornings. We have been forced to all sleep in the same bed just to keep warm. I just want to stay until school is out so I don't have to move my kids in the middle of the school year. Is there anything that I can do?

Excuse me, but I am finacially responsible. And I do pay my bills and my rent. My child has a heart condition for which he had to have surgery for and I was forced to stay in hotel while he was in the hospital. That put me $300 behind on my rent. Because I could not come up with the additional $300 the next time the rent was due she added a $90 late fee. So then the following month I still did not have the additional $300 + $90, she added another $90. It wasn't even a full months rent that I was behind. So please don't act like you know me and say I don't pay my rent or bills on time. Everything else (with the exception of the $300 was paid on time)

I did not just make phone calls. Most of our corespondance is through letters. I have kept copies of the letters I have written her and her responses in writting to those letters. I have it in writting that she would agree to wait until I got my income tax refund to be paid for the back rent and late fees she assessed.

This landlord was not the original owner of this property. She bought this property after I had moved in. Until today she has never been inside of my home in the 3 years she has owned it. She didn't even come inside the property prior to purchasing it. Besides the $300 I was short the one time, I have been A-1 tenant. I maintained the lawn. Planted grass, flowers, and picked up after the hogs who live upstairs who feel it is ok to throw their trash all over the lawn. Ask anyone of my neighbors, I keep a good house, a well maintained yard, and I take good care of my children.

Answer 1

I believe they don't have to give you a reason for the eviction, but they do have to give you the legally allotted time to move out. It ultimately depends upon what is in the contract you signed when you moved in originally.

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Answer 2

Given the gravity of your situation, pack your bags and move! Both you and the landlord are in the wrong here, and the two of you do not seem to be able to agree on a proper way to settle this. You need to think about what is best for your children, which I dare say is not to be living in a home with no heat! It would be much better for them to change schools in the middle of the year than to try to live in an area that is unsafe. And for the record, you could temporarily lose custody of your children becuase you are living in a home without heat in the dead of winter. Also be aware that this landlord is not going to give you a good reference, so you may be forced to live in an area that isn't the nicest, but it has to be better than where you are now.

Answer 3

Hang on I answered a question the other day about a "slumlord" let me go find it for you because I found a great link that has legal advice as well.


Ok I am back just as promised. Here are two great links that I hope will help you answer all your questions.

Bless


Back just thought I would share with you the other question about a slumlord incident. (so you dont feel like your the only one going through this.) you can also find the question in my answered question list.



Can you get evicted in the winter time in massachusettes? I know its a hard question and you have to be wise?

already got notice 14 day notice already been to court already set a date to move didt leave and i got sherrifs notice already too are they coming to set me on the curb ?
Additional Details

3 days ago
i dont think you guys get it sorry for not being more specific ...look I have been in my home for two years and i was ontime every time well i started to get sick abscesses and all even my spuse got sick we have had some kinda water leakage for the whole time we have resided at the house and we learned it was mold. i told my landlord and the next day by some odd reason it started to rain it rained really hard for about 3 days and i went into my living room barefoot and got an electric shock i called fire department and they adviced me to tell my lanlord to fix immmediately he had to many leaks. any how he also sent a handy man he didnt show up. that day. so from that day on my landlord called and said to take two months free rent since i would be off work. so i did... then he never fixed anything and he turned my electric off and heat i still had it on thru the company but i had it turned off from somewhere illlegally by him cause my hot water worked but my gas heat didnt and the gas

3 days ago
i trusted my landlord and he cut me in the heart now it's time for me to go and i have not had justice can anyone help me... i have pictures documentation by policw an fire dept.
I am just asking cause i dont know thanksany lawyers to advice or help would be appreciated polease

Answer 4

Do you think that she is going to admit that she is giving you notice because she didn't repair the furnace? So after you have paid her with your income tax refund, how are you going to continue paying her? Do you think it is fair for somebody to rent you their premises and have to be putting up with that? What about if she has her mortgage to pay, do you think she can tell the mortgage company things like that. You have only made calls, in any event, no documentation, no nothing. Pay the lady. Step out..

Answer 5

She went about it wrong and you do have a claim to not pay rent during the time you didn't have heat but she just got tired of you not being financially responsible. It looks like you have gotten lucky and just need to move out.

As you have said, you have two kids. It is time for you to start taking care of them and paying your rent and other bills.

Answer 6

Its against the Law. Call code inforcement also have your day in court; take pictures and have friends and family sign statements that the heat has not worked un all this time...also put all monies in escrow until the court date but you must have the money.

Answer 7

If your landlord isn't getting this monthly rent money, to pay her bills, then where is she going to get the money to fix the furnace and maintain the rest of your place? Put yourself in your landlords position and then ask yourself what you would do in this situation.

Answer 8

go and get boxes, and start packing.