Legal Question in Landlord & Tenant Law in Pennsylvania

Has fraud been committed?

I have been a tenant for nearly 4 years and my landlord is re-occupying the home...I move out next month. Lease says LL to provide Cent A/C with no limitations. A/C was turned off in winter and LL has not authorized service to be reactivated.

I notified LL in writing in Feb, and no less than 6 times since (in writing) that the A/C is not on. Late March he wrote he was calling the HVAC service, and wrote again that it had been scheduled for early April. I have spoken with the srvc on 3 occasions and advised nothing has been scheduled at all.

After midnight interior temps have soared into the upper 80's on 5 occasions (upper 70's on 4 others). I have a medical condition and the absence of AC has cost me sleep, health, and the comfort one expects from a high end rental.

It's apparent LL is saving money (he would like to occupy sooner and I suspect this is being done purposely) and I am not getting what I paid for and have reasonable expectation of receiving.

I'm not getting what I've already (and still am) paid for. Is there any recourse available (obviously I'm moving, but paying for services purposely withheld seems actionable)?


Asked on 5/13/05, 1:39 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Has fraud been committed?

You should notify the landlord that if the AC is not turned on in 3 business days that you will consider his action to be a constructive eviction. The other option would be to schedule the service yourself to turn it on, pay for it yourself and deduct the payment you make for it from the next rental check. I offer free consultations.

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Answered on 5/13/05, 2:06 pm


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