What are my rightsif landlord is not fixing a mold and leak problems?

Asked on November 4, 2011 under Real Estate Law, Pennsylvania


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to contact the health department and make a complaint. After that, you have several options. Every residential lease contains what is called an an implied "warranty of habitability". This is ea guarantee that a landlord gives a tenant that the tenant will live in a clean and safe (i.e. "habitable") premises. Consequently, if your landlord fails to perform necessary maintenance or needed repairs, you can either repair the problem and deduct the cost from your rent; terminate your lease and vacate; or withhold your rent until the repairs are done.

However, before pursuing any of these self-help remedies, you should consult with a real estate attorney who specializes in landlord-tenant cases.  If you fail to follow all legal procedures, this could result in legal trouble liability for you.

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