Legal Question in Landlord & Tenant Law in Pennsylvania

Do I have a case against my landlords

I live in a rental. I saw a very big rat in my house. So I called my landlord and he said that I had to take care of it. So I put traps out and got a couple little mice. But I saw that rat again. Now it is eating everything plastic, food it plastic containers on my refrigerator, and chewing holes in the floor. I have a 3 year old and I am afriad that if we put posion down that she could potentally get into it. Is it my responsibility or my landlords?

Sincerely,

Rae Ann


Asked on 1/01/06, 9:26 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: Do I have a case against my landlords

First, I'd look at the lease but I doubt there's a clause that says who is responsible for vermin.

If the lease is silent (says nothing) the implied warranty of habitability may put the burden of dealing with the rats on the landlord.

All residential leases in PA have an implied warranty that the premises or safe and suitable for habitation. One could argue that by not taking care of the rats he has violated that warranty.

If you wanted you could tell the landlord either he takes care of the rats or you will hire an exterminator and deduct the cost from the rent.

Before taking such extreme measures you might want to call the town hall and see if by not taking care of the problem the landlord is violating any ordinances.

If you have further questions feel free to contact me I don't charge for the initial consultation.

{John}

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Answered on 1/02/06, 12:35 pm


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