Legal Question in Landlord & Tenant Law in Pennsylvania

recourse against landlord

We are a business currently renting a unit in a tri-plex. We have been at this location for 2 years. Our lease states we are responsible for all repairs except outside structure. Prior to moving in, we told the landlord the central air was not cooling our place adequately. He brought in a heating & air conditioning repairman who stated it needed updated. Our landlord would not update it but suggested supplimenting with window units at our expense before we moved in. We agreed and have been using the central & window units. The central air unit's condenser no longer works and the landlord insists this is our and the other two tenants problem to work out. This is our dilemma. We didn't know the other 2 tenants shared the central air, because all the electric for the central air is based in our unit. So for 2 years we have been paying for all the (air conditioning)electric for the entire building without our knowledge. We checked with an electrician who confirmed this. None of this was disclosed to us (or stated in the lease) when we signed our lease. Do we have any legal recourse against him?


Asked on 6/16/08, 6:45 pm

2 Answers from Attorneys
John Davidson Law Office of John A. Davidson

Re: recourse against landlord

Assuming the landlord knew or should have about how the air conditioning was wired. Then the case against the land lord is at best (for the landlord) misrepresentation. The bad news is the other tenants were the ones enriched and should pay you for the money expended air conditioning their units.

It looks like you would possibly have legal recourse against the landlord and the other tenants.

Without seeing the lease it would be hard to say what your legal recourse is. So you should sit down with an attorney who can look at all the facts.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

Read more
Answered on 6/17/08, 11:13 am
Krutika Patel Spanovich & Patel, PLLC

Re: recourse against landlord

This answer is dependant on a few factors.

First, whether the Landlord was aware of the wiring. If so, you may have a claim again the Landlord for false misrepresentation. This can also depend on whether the Landlord should have known how the AC was wired. Second, it is also dependant upon the terms and conditions in the lease.

Unfortunately, the people who received the benefit of you having paid all the AC are the other two tenants. Because they were the ones enriched, they are the likely ones against who you should seek recovery.

Again, without seeing the leasing or knowing further details as far as the Landlord's knowledge of the issues, it is difficult to determine the exact recourse available to you.

Please feel to contact for further discussion or a free initial consultation.

Read more
Answered on 6/26/08, 9:16 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Pennsylvania