Legal Question in Real Estate Law in Pennsylvania
Breaking a Lease and Landlord's Obligation, Please help
We live in an apartment that has a kitchen sink that weekly backs up with waste water. The landlord pours sulfuric acid down the sink to clear pipes. We are concerned about the impact the waste water and acid fumes have on our health. We are seeking to break our lease and have informed the landlord of our intent to do so. We have sought a tenant to replace us. How should we proceed to minimize our legal exposure? Does the landlord have an obligation to make a reasonable effort to relet the apartment or can he do nothing to find another tenant while still collecting rent from us?
1 Answer from Attorneys
Re: Breaking a Lease and Landlord's Obligation, Please help
There is an implied warrenty of habitabity that cover apartments rental. If the drain cannot be repaired to work properly, a breach of this warrenty occurs. If it is dangerous to your health, you can move after giving him notice to that effect and letting him have one more chance to fix it properly. Mitigation of damages is the responibility of all plaintiffs, but the law with regard to attempting to relet an apartment in Pa seems to be in a state of influx at the moment as to their duty to rerent. Common sense dictates that duty, but some recent higher court decisions have said the contrary.
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