Legal Question in Landlord & Tenant Law in Pennsylvania

Possible Constructive Eviction

I was recently notified by my landlord that he is unwilling to pay for sewage at my residenc & notified the company to change the billing name and address from his to mine. I pay all utilities including water, but for some reason he failed to inform me that the sewage bill was separate from the water bill. The bill also includes one month prior to my leasing the house. My lease does not include sewage as a separate utility which it should be since it has to be paid separate from water.

Can he legally do this without giving prior notice to me? I'm already paying high utility fees and having problems finding work puts me in a more serious position of not being able to budget an extra bill I was not expecting.

Could this come under constructive eviction? There are other issues one being a problem with his neighbor (a family member) who I had complained about. His neighbor has a dog that barks all day and night despite polite warnings for the noise to be kept at a minimal. The landlord also insists on parking in front of my house even though he and his wife have space on their own side of the street (they live across the street).

I have the feeling that the landlord wants me out even though rent is always paid on time.


Asked on 9/29/04, 12:06 am

2 Answers from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Possible Constructive Eviction

I agree with what Attorney Johns wrote to you, and I would add that you certainly are not responsible for costs prior to your lease. If the lease specifies specifically the utilities you are responsible for, and does not list sewerage, then you should not be responsible for that.

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Answered on 9/29/04, 7:39 pm
Mark Johns Mark Johns, Esquire

Re: Possible Constructive Eviction

Since he has been paying the sewer bill and now is trying to foist it on you I think you have a good case that he is responsible for the bill. The best way to proceed with a constructive eviction case is to escrow your rent. This does not mean just keep the money in your checking account. Open a seperate account which specifies that it is an escrow account or contact a lawyer and have him hold the funds in escrow.

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Answered on 9/29/04, 8:38 am


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