Legal Question in Landlord & Tenant Law in Pennsylvania

In Pennsylvania, every lease is subject to an implied warranty of quiet enjoyment. It appears that your landlord has breached this warranty by failing to address the problem with the downstairs neighbor.

First, you should make sure that you document IN WRITING every instance of harrassment and threats from the neighbor, and advise the landlord IN WRITING of each and every instance when this occurs. If actual threats are made, you should call the police.

If the landlord still takes no action to evict the neighbor, then you can avail yourself of something called "constructive eviction". In other words, because the landlord has done nothing to remedy this problem, you would be entitled to move out, with no penalty from the landlord from early termination of the lease, and you would be entitled to the return of your security deposit, assumin you did not cause any damage.

You could also sue the neighbor directly in small claims court for money damages, but this is not likely to solve the problem. Unfortunately, I am not aware of any law or procedure that would allow you to force the landlord to evict the neighbor. However, once you have given him sufficient written notice of the problem, and he fails to take action, you can then write to the landlord and advise him that you will be vacating the premises due to the "constructive eviction" that has taken place due to his inactions. Then he will have to decide between you and the downstairs neighbor.

Finally, you might want to consult with a local attorney. The most important thing, however, is to document everything in writing, give wrtitten notice to the landlord, and contact the police if the situation warrants. Unfortunaely, this is the type of thing that could wind up in court, and written evidence beats oral evidence every time.