Can I hold back a part of rent for fixing a gas leak on furnace in june

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Can I hold back a part of rent for fixing a gas leak on furnace in june

On June 1, 2017 there was a gas leak and the gas company red tagged the furnace. I called maintenance and he said tomorrow. I said I need a furnace tonight, because it will be to cold in duplex I rent. I have a tropical bird that cannot have it that cold. Maintenance said tomorrow because it is to expensive at night for plumber. Landlord responded June 2, stating an heat emergency in June was not due able. I deducted the plumbing cost of 149.00. My rent was due June 5, Monday

Asked on June 8, 2017 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you may not. You may only deduct rent for repairs if the landlord did not act reasonably--that is, if it unreasonably refused to repair or delayed repairs. "Reasonable" is judged as per the average or typical situation or case; they do not need to take cognizance of unusual special needs of an individual tenant, like a tropical bird that cannot stand even a few hours of colder temperatures. It is not unreasonable for a landlord to schedule repairs for next day to avoid a nighttime service premium; hence the landlord acted reasonably and discharged its obligations, and so you cannot deduct the costs you chose to incur.


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