Legal Question in Landlord & Tenant Law in Pennsylvania
My sister moved in to a place cause she had 1 week to find a place to live. The place is a shit hole, wire coming out of the walls, paneling is half on the wall and much more . After she moved in she realized the heater does not work and the wind blows right in the windows and moves blind when windows are shut. She called landlord and he said it was in her lease that he would not make any repairs. is that legal ... please help and thanks
1 Answer from Attorneys
No. Every residential renter is entitled to a warraanty of habitability. If there is no heat, the place is not habitable. Tuesday morning, call the dept of licenses and inspections. The will send an inspector. If things are as bad you say, he will cite the landlord and declate the place uninhabitable. Also, check to see if he had a Certificate of Occupancy from the City. If not, he is renting the space illegally.
First, if the L&I says that it is uninabitable you can break your lease and leave and sue for any securitty deposit back. If the landlord sues your sister, she would have a good defense because of the conditions. I am assuming this place is in Philadelpia and PA. If it is not, she should contact the department in the local muncipality to come and do an inspection.
If the landlord breaches the warrantyh of habitability, she can just document the problems and move out. This is call a "constructive eviction".
Finally, if sje has any problem with these tings she should see a lawyer or call legal aid immediately.
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