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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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