Legal Question in Landlord & Tenant Law in Pennsylvania

My daughter is renting a house in which there is a serious leakage and black mold problem. This was brought to the landlords attention about three months ago. When they became 5 days late on rent the landlord started an eviction process. Again the problem was brought up and the landlord refused to make repairs until the rent was paid. Unfortunately my daughter did not go to the eviction hearing because the landlord said she shouldn't go if she was going to pay the rent. The eviction process took about a month in which she paid the rent and was able to stay.

Members of the household have had numerous symptoms of mold illness and her four year old son has severe allergies and shouldn't be subjected to black mold. So my daughters boyfriend cut a piece of the wall out (which had caved in anyway due to the water damage inside the walls) to eliminate some of the mold. The landlord sent a repairman out and is now saying that since he cut the wall out they are now responsible for the entire repair bill.

Should my daughter have to pay this bill? The cause of all the damage is from a leaking bathroom. The repairman is not certified in mold removal which is a requirement in PA and he said he was going to do the repairs the way the landlord wanted them done which may not be how they want them done.


Asked on 12/13/11, 8:26 am

1 Answer from Attorneys
Andrew Solomon Law Office of Andrew A. Solomon

There is something in the law called "constructive eviction". There is also a warranty of habitability that applies to every residential lease. If the premises are not habitable (you should call the local health dept. to do an inspection). If the landlord breaches this warranty, you can be excused from paying rent by the court. If the premises are not habitable, you can just leave and break the lease. This is something that you need to discuss with a lawyer who is familar with landlord tenant law. Under no circumstances should your daughter be required to pay any of the bill for repairs. Firther, she might have a case against the landlord for her mold related illness. She should immediately consult with a lawyer.

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Answered on 12/15/11, 8:53 pm


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