Legal Question in Landlord & Tenant Law in Pennsylvania

Landlord has not fixed leaks

We moved in our apartment in September 2003. October we asked the landlord to fix a leak. He said he would in the spring. In the spring we asked him again after noticing mold growing in at least 2 different places. He said they would get to it. It is mid-November 2004 and it is still not fixed. After recently learning how dangerous and unhealthy mold spores are for our unborn child and our 8-month old son, we have become impatient. What legal actions can we take, including breaking our lease?


Asked on 11/12/04, 2:04 am

2 Answers from Attorneys

Mark Johns Mark Johns, Esquire

Re: Landlord has not fixed leaks

There are a couple of remedies. You can have someone fix the leak and then withold how much the repair cost from your rent. Keep documentation and noyify your landlord that if he will not fix within a week that is what you will do. You could also escrow your rent until the leak is fixed. I offer free consultations.

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Answered on 11/12/04, 6:23 am
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Landlord has not fixed leaks

I agree w/Atty. Johns. From what you said, your lease would have renewed in September, and that's obviously when you could have gotten out of the lease renewal.

You should notify your landlord whether you are going to have repairs done and then withhold an amount equal to the cost of repairs or whether you are going to escrow your rent until it is fixed. If you escrow rent, set up a separate bank account and deposit the amount of the rent in the account each month.

If you'd like to discuss, please let me know.

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Answered on 11/12/04, 9:40 am


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