Legal Question in Real Estate Law in Pennsylvania

Re: tenant's rights when landlord fails to fulfill his obligations

If the lease provides that the landlord is responsible for pest control, he has certainly breached that obligation. Your remedy is limited to one of the following options:

If the premises are uninhabitable, you may vacate the premises which would terminate your obligation to pay rent under the lease. If you stay there, withhold any portion of the rent and the landlord sues for possession for unpaid rent, the implied warranty of habitability may be asserted as a defense. Also, you may be entitled to an abatement of any rent paid for the period in which the premises are uninhabitable. Finally, you could pay for the pest control yourself and seek reimbursement from the landlord.

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