Legal Question in Real Estate Law in Pennsylvania

Landlord Illegal Activity

Last year our original landlord sold the property where she lived (and where we rented a unit) to a new couple. We've now noticed that our new landlords (who, as the previous landlord, live in the unit above us) do not seem to understand their responsibilities as multi-unit dwelling owners.

We�ve endured their constant remodeling, including the removal of the upstairs carpeting and the removal of walls in the upstairs unit, and their rather noisy lifestyles. Where we have an issue with the new landlords is the prevalent odor of marijuana throughout the unit on weekends.

A lawyer friend of mine advised me that my landlords may be in violation of an �implied quiet enjoyment clause� present in all Pennsylvania leases. My question is 1) is this true and is this sufficient grounds to break the lease and 2) would we be entitled to any damages for being forced to break our lease due to illegal activities? Something like this wouldn�t have bothered my in college, but my current job, as well as my obligation as a Reserve Office in the military cause me to want to avoid situations like these with drugs altogether.

Thanks for you�re help.


Asked on 2/23/03, 7:49 pm

1 Answer from Attorneys
Brandon Barnett Brandon J. Barnett Attorney At Law

Re: Landlord Illegal Activity

It appears you have an action under the use and enjoyment clause which is standard whether in the lease or not it is an implied standard all landlords must follow. It does not allow you just to break the lease, the landlord must be notified in writing and have a chance to cure the condition.

If you need more legal assistance you may call my office at 412-916-1677.

Regards,

Brandon Barnett, Esq.

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Answered on 2/23/03, 10:33 pm


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