Legal Question in Real Estate Law in Pennsylvania
Renter's Rights
For 3 months I've been having a problem with bees in my apt.I contacted maintenance in July and after checking he said that there were small gaps around our patio door and that they were crawling in through those spaces. He told that he found a small hive in the wood on the outside of our patio door.He told me that he had filled the gaps and had sprayed the hive and that the problem was fixed.Within days it started again and I contacted the landlord.I have had 3 maint. men give me different reasons for where they're coming from.Bottom line is that we are killing 8-10 bees a day.We have a balcony that we can't use or open the door to let in air.I have a 1 yr old in my home.I want to have an exterminator come and assess the problem but my landlord refuses to pay the expense because they have their own who will handle the problem.But they've been telling me that for 3 mths.What my rights,and can I hire a exterminator and deduct the cost from my rent.Or can I request another apt., at the expense of the landlord?And if the landlord does'nt fix the problem in a timely manner or give me a "bee-free" apt, does that make my current apt. inhabitable and thus void our lease?
1 Answer from Attorneys
Re: Renter's Rights
your lease probably says, you can't offset the cost of an exterminator against the rent. If it doesn't prohibit it, do it; but you'll probably get sued over it. If you can prove the extent of the problem and show some harm caused by it, you could probably win a breach of habitablity claim agianst your landlord. It depends on the seriousness of the problem. If you decide to go that route, give your landlord notice of termination due to his breach of habitability, and move.