Legal Question in Landlord & Tenant Law in Pennsylvania

I'm renting a house in a rural area and the landlord has failed to perform maintenance that he assured me would be done after I moved in. I've been in the house for almost six months out of a 12 month lease. Here are the issues he won't correct:

1. The basement leaks. It was moldy when I moved in so I cleaned it and asked him to treat it to prevent the mold from coming back and fix the leaks. He hasn't done either and now the mold has come back.

2. The garage is more than half full of leftover construction materials and tools belonging to the landlord. I've asked him to move them several times and have been told he will get to it "soon."

3. The entryway is unfinished, just bare studs and it leaks in the rain. The mudroom/laundry room has bare drywall with unfinished seams.

4. The entry door has a locking knob and a deadbolt that are keyed separately. I have a key for the knob but not the deadbolt. I've asked for the deadbolt key multiple times with no response.

There are other minor problems but these are the worst. My lease has an early termination clause that reads as follows:

If Tenant did not violate (break) this Lease, Tenant has the right to end the Lease at the end of any month by giving Landlord thirty (30) days written notice. When the notice is given, Tenant must pay Landlord an amount equal to two (2) additional months rent to end the Lease. Tenant will comply with all other parts of this Lease, including payment of Monthly Rent, until the Lease ends.

I've decided to terminate the lease early and feel I shouldn't have to pay the entire early termination fee since since I'm leaving due to his refusal to perform repairs. I intend to send him the written notice with a list of the repairs he has refused to make and request that he agree to settle for a fee of one month's rent instead of two. If he doesn't agree to this solution, will I have any chance of defending this action in court if I refuse to pay the entire fee? I have emails going back to the first week I moved in detailing my requests for repairs. Thank you for your help!


Asked on 3/26/12, 6:32 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Sounds like constructive eviction. Which is a defense if he sues you for breaking the lease. First, write him a letter detailing the problems. Send it to him first class and certified mail return receipt requested. Demand that he has the problems fixed with in some reasonable time frame or you will move out.

{John}

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Answered on 3/26/12, 7:15 am


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