Tenant Landlord Law in PA?

Question

I need some advice on what I should do next. I live in a place that I'm renting through a "rental company" not the owner of the property. This is who I pay rent to and address any issues that I may have. Now... here's the big issue. I pay a decent amount to be at this place and it has a central AC unit... this I noticed was not working at the beginning of the summer. The landlord had sent someone out to do an estimate which came to be $4000. He has yet to replace it. He keeps giving me excuses as to why it hasn't been fixed... such as all the companies are too busy this time of year to make it out and he wants another estimate and can't get anyone to the property. He did send over a window unit so we weren't completely without air but that caused the HOA where we're currently at to threaten to fine us $25 a day until it is removed....

… which then the landlord sent a letter to the HOA stating the situation and that it would be fixed within a reasonable amount of time. Our initial complaint was on May 14, it is now July 10 and we are still without air conditioning. I called HVAC places and they said that if we lived in a busy area they could have someone out in 4 days to do an estimate. The landlord is not returning my calls and is dragging his feet on this. We pay more in electric with window units running (and our house looks trashy) and still paying full rent for a home where we can only enjoy the 2 bedrooms with the AC in. What can I do here? He threatens us with lawyers and legal battles when all we want is the AC fixed. I don’t think this is fair and I wanted to be treated respectfully. Anyone with any knowledge in this that can help me, I would be greatly appreciative.

I plan on talking to the HOA about possibly contacting the landlord, originally they said they have to stay out of it and can't do anything but now it is infringing on their rules as well. Especially when he told the HOA that it would be done within a resonable amount of time. I'm thinking I will suggest that they send a letter to him stating that it has been a substantial amount of time and if he does not have the unit fixed with x amount of days, they will start to fine him.

When this originally came up that landlord said that he would let the HOA fine him and not pay the money... let them sue him because it would be inhumane to expect someone to live wihtout any AC. That is what he said at first....

And I have saved EVERYTHING. All memos and notices, even cell phone records to show attempts to contact him. And I logged the phone calls that I have had with him and what was discussed. So, I do have things that I know I would need.

I have also called HVAC places to see how long it would take to get an estimate and they said 4 days. That was from Trane, Sears, and Carrier.

Answer 1

I would either do nothing (except keep complaining until it is fixed) or take drastic action.

The drastic action would be to stop paying our rent until it is fixed. I'm not suggesting that you can live there rent free, but instead open a seperate bank account and put the rent in there. Then send the landlord a letter (registered mail, return receipt requested) and explain exactly what you did and show him a copy of the bank deposit slip proving that he can have the money once the probem is fixed. Furthermore check your lease and the local laws and I'm sure you'll find something on "all systems in good working order" or something like that. Cite this to him and explain to him that he is technically in violation of this law and you are under no obligation to pay him. Also if he takes you to court he will likely lose, but all he really has to do is fix the problem and you will gladly pay him all back rent (but no late fees or interest or anything). That should get him moving fast, and he will probably do nothing legally as he would probably lose. If a lawyer calls you, explain this all to them and they will probably tell the landlord that he needs to fix the AC as he has a losing case.

The whole problem with this strategy is, it could piss the guy off enough that he refuses to renew you lease when it comes up, or raises your rent - or something. So, its your call. Either live with it, or take drastic action like I've diagrammed.

One other thing that just occurred to me. WHy not go to the HOA and tell them about the ongoing problem and explain to them that you don't think the landlord will ever fix the problem (ie get rid of the window ac unit). THey will again threaten with the $25 per day fine, and you would not have to pay that - the landlord would be responsible (for not fixing the problem) though he may try to get you to pay (again he probably would not win this case in court). Of course one possible downside may be if he removed the window unit but still didn't fix the problem - but then I've raise a real stink.

Good luck with this.

Answer 2

You need to deal with the property manager, not directly with the landlord.

If they're having problems getting the unit replaced and the landlord has given you window units he's making an effort.

The HOA can't fine you a dime. Maybe the landlord, but not you. Nor can the landlord pass that on to you. If the HOA contacts you, refer them to the property manager. If they send you any notices, forward them to the property manager.

Keep the pressure up on the property manager to get it fixed. Make sure that all of your dealings are in writing with them and keep copies and proof of mailing for your records. If you don't get any action you MAY have a reason to break your lease without penalty especially if the home isn't liveable but you SHOULD consult with an attorney before you go that route.

Do NOT stop paying rent as suggested by another poster! You can't repair and deduct in PA though you MIGHT be able to pay the rent into an escrow account at the courthouse. The court will then decide how the money will be used.

Answer 3

I can only give you advice based on my experience. You can actually bring your landlord to court, and refuse to pay your rent until the central air is fixed. If you can, keep a record of all the days that you've gone without your centeral air (the days, where it's been well over 90 and the news is stating to stay somewhere cool). This is going to cost you some money, however, you will get what you need. If you have all those letters where you are requested to take out the a/c unit you need to save those don't throw them away. There's so much more that you need to do, to give you all the information, call your local housing court in your county. You can get this information by calling a housing lawyer, they will help you prepare the paperwork and etc. You can also have it that your landlord pays your legal fees, because you went into the apartment in good faith expecting everything to work-and you've found out that the main appliance that you need, that you pursued in your apartment search is not working. I can give you more information, just send me a e-mail, I'll be more than willing to help!!!
Just click on my face, and send me a e-mail!!
I look forward to helping you!!

Answer 4

I have a tenant that has not paid rent in months. I am taking them to court for back rent. Hopefully they will be out in the next 30 days.
The central air conditioner is not working. In Pa, is that a luxury or necessity? Do I have to fix it?

Answer 5

it sounds like a big problem to me.Lot of people use a property manager if they own lots of rentals. I have service people who have to get my rental work asap or they dint get used.It sounds to me like you either have a bad prop.manager or the owner knows about it and wont fix it or might not have been told.if you dint know him to ask you can look him up at the courthouse very easy by the address. good luck.