Can I take my landlord to court for not fixing a leak in my apartment, which has ruined my bed and boxspring?

My landlord refuses to fix a bad leak in my bedroom window that has ruined my bed and boxspring. Each time it rains, or even sprinkles, water rushes in through my window. I noticed for the first time yesterday that it is now causing the plaster to bubble and leak in other parts of the wall. I have repeatedly asked the landlord and his assistant to please come fix the problem, but each time I talk to them, they claim that I never told either of them about the problem and will “call me back” when someone can come out. They have not once called me and its been over 2 weeks. What should I do?

Asked on June 13, 2012 under Real Estate Law, Pennsylvania


Andrew Goldberg

Answered 8 years ago | Contributor

First, send your landlord a certified letter notifying him or her of the leak and resulting damage. Second, you can pay your next month's rent into an escrow account and not to the landlord. You would send a second letter, regular mail and certified mail, informing the landlord that you are withholding rent payment but are  ( to comply with the law ) putting it in an escrow account until the leak is fixed. You must confirm the name and address of the bank and the bank account number for the escrowed money or escrow account. The escrowed money cannot be comingled with your money. It must be in a separate account.

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