Legal Question in Landlord & Tenant Law in Pennsylvania
landlord
my land lord has known since march of 2007 about the leak in my kitchen. the paint in the wall has bubbled off and the plaster is now chipping away and it looks like there is now mold growing on the wall. i have been telling him this since it first started showing since of a leak and he still hasnt fixed it. ifi were to go to the borough and have them come look at it and they say i have to leave does my landlord have to pay for me to stay somewhere or give me my money back and also can i hold the rent until he comes and fixes it.
1 Answer from Attorneys
Re: landlord
The landlord has known about the problem but have you informed him in writing? You need to do that to be able to prove at the DJ that he did know about the problem.
Depending on what is leaking you might be able to make the case that the implied warranty of habitability has been violated.
If you decided to terminate your lease and leave such a violation might be enough to justify a defense of constructive eviction. That is the lease would be terminated as the landlord has breached the lease.
Will the landlord be on the hook for consequential damages? Maybe but as far as paying for a place for you to stay probably not. After all if you moved for any other reason you'd still have to find a place to live and pay for it. So its unlikely the landlord would have to pay for that. You might be entitled to some reduction in the rent you've paid but how much is uncertain.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
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