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I live in an apartment in Bucks County PA, I don't really know all the laws around here, but we have been trying since the day we moved in to get things fixed. We have called NUMEROUS times and most of the time we never even got a call back, let alone a maintenance person. When we finally got one, he started the job... over a week ago... and never came back. The wall of our shower is rotting behind the tile, it is covered with a trash bag and we can't fill the tub to give our kids baths, and they tore apart our bathroom! Who can we go to so we can get them to fix this and other problems?

2007-08-20 08:31:52 · 4 answers · asked by Nicole P 1 in Business & Finance Renting & Real Estate

4 answers

Well, your first mistake was moving in without the repairs done BEFORE you moved in. Common sense, if it wasn't fixed before you moved in why are you surprised it still isn't fixed? A leopard doesn't change his spots

As Blue October suggested, you need to get help from an agency that does renter's rights.

And I would be VERY leery of following edwards advice as to withholding rent as I am certain he is not a lawyer and most states have very specific steps & requirements before a tenant can withhold rent. Withholding rent CAN be an efective tool BUT improperly done/applied can prove costly to the tenant.

For instance, you the tenant MUST inform the landlord in writing requesting the repairs and MUST give a reasonable time frame (and sorry your prev phone calls don't count) Tenant must also state that if said repairs (and repairs requested MUST be habitability issues) are not done by the end of that time rent will be withheld.
NOW we get to where edward would have gotten you in trouble, you (the tenant) must deposit any withheld rent in an escrow account and inform the landlord of that
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Question: Can a tenant legally withhold rent?
Answer: The tenant must inform the landlord in writing that he/she intends to withhold rent if a specific problem is not solved by a certain date. The rent must be deposited into an escrow account and the landlord must be notified of same.

Question: What is the implied warranty of habitability?
Answer: The implied warranty of habitability has developed over the years from a number of court rulings that residential landlords have an obligation to provide the basic needs of human habitation including running water, hot water, heat in winter, free from vermin, reasonably weatherproof and free from defects or conditions that would unreasonably subject residents to a risk of harm to them and their property.

Question: What are tenant remedies for breach of implied warranty of habitability?
Answer: After the tenant has notified the landlord of the condition and given landlord a chance to cure, the tenant can 1) terminate the lease, 2) repair the defect and deduct the cost of repair from the rent, 3) sue the landlord for damages, 4) seek a court order requiring the landlord to make repairs or 5) withhold rent and place it in escrow.

2007-08-20 09:43:19 · answer #1 · answered by Craig T 6 · 2 1

You want a paper trail.
Write a letter detailing the problem and what has been done about it. State that it is in inhabitable condition due to lake of repair and risk of mold. Also, that you would like the problem re-mediated . Date and sign. Make two copies. One for the owner/landlord and one for the health department. You have a risk for mold and the health department should be notified of the problem. You can also choose to pay less rent or even withhold rent if the problem is not fixed in a reasonable amount of time.
A statement from the health department usually does the trick.

2007-08-20 09:30:14 · answer #2 · answered by Threeicys 6 · 0 0

since this has been going on for quite some time, i would suggest that you open your white pages and contact your local "Renters Rights Center" or Renters Law Center", every large city has them and they are a free resource to assist you with the laws and landlords.

also, do not contact your landlord by telephone any longer, just put all requests in wiritng (keep a copy for your files), remember to send each letter certified - return receipt requested --so that you know he signed for them.

the Renters Legal Center should be able to steer you in the right direction.

good luck ♥

2007-08-20 09:05:24 · answer #3 · answered by Blue October 6 · 0 0

Write letters, LETTERS I say. Be sure to date the current date.
Send them registered to the landlord.
Phone calls accomplish nothing, nada, niente, ZILCH.
Tell him you are witholding rent until repairs are made.
Detail every phone call, every request, every unsuccessful attempt, all and more than you posted.
Mail a copy to the Board of Health, one to Apartment Association, not necessary to register those.

Always list at the bottom of the letter,
Copy: XXXXXXX
YYYYYYYYYYYYYY
ZZZZZZZZZZZZZZ

You can now legally withold rent until repairs are done, or you can move without illegally breaking any lease..

2007-08-20 08:45:49 · answer #4 · answered by ed 7 · 0 2

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