YOUR RIGHT TO
A DECENT HOME

Renters' Rights

When you rent a home, Pennsylvania law says that it must be a decent place to live.  This right to a safe and sanitary home comes from a decision of the state Supreme Court.  The court called this right the implied warranty of habitability.

Do all Landlords have to Keep their Rental Properties in Decent Condition?

Yes.  The implied warranty of habitability applies in all cases where someone is renting a place to live—whether a house, an apartment, a mobile home, or a lot in a mobile home park.  It applies whether you have a written lease or an oral agreement with your landlord.  The warranty is so important that it is in effect whether or not you and the landlord have specifically agreed to it.  It cannot be given up (waived).

What Repairs Must my Landlord Make?

Your landlord is not required to provide you with a perfect place to live.  A leaking faucet may be annoying, but it is probably not a threat to your health or safety.  But the landlord must make repairs necessary to keep your home in a safe, sanitary, and healthy condition, provided that you, as a tenant, did not cause the damage and provided you are current on your rent when the
problems develop.  For example, the landlord is responsible for correcting serious problems, such as a leaking roof, lack of heat, or roach infestation.

What should I do if the Home I Rent Needs Repairs?

You should try to work the problem out with your landlord in a way that’s fair to both of you.  If that doesn’t work, then you should:

  1. Notify your landlord of the problem in writing.
  2. Give the landlord a “reasonable” time to correct the problem.
  3. Collect evidence to help your case.

What can I do if My Landlord doesn't Fix the Problem?

Every case is different. Depending on the special facts in your particular case, you may be able to do the following:

  • Withhold rent.
  • Repair and deduct.
  • Bring a lawsuit.
  • Get a court order.
  • Move.

Are there other Laws that can help Me if the Home I Rent Needs Repairs

Yes. Some of the other laws that can help you are:

  • Local Housing Codes: Your landlord must obey any housing code which covers the place where you live.  In some cases, the code enforcement officer can make the landlord fix the problem or at least help prove that the problem really exists.  Contact your local government to see if help is available.
  • Rent withholding laws.  In some cases, your duty to pay rent may be suspended if you live in a city or county that has a rent-withholding
    law.  Such a law usually requires that you pay your rent into a special bank account if your home has been certified as unfit for human habitation. Contact your local government or an attorney to find out if such a law applies in your case.

WE CAN HELP

Depending on the issue, we can give you advice, represent you in court, or help you fill out complicated legal paperwork. And if you qualify, our services will be free to you.

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