If my landlord was suppose to fix damages to our property when we first moved in and still has yet to do so, what are my rights?

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If my landlord was suppose to fix damages to our property when we first moved in and still has yet to do so, what are my rights?

Am I able to break the lease without having to give them anymore money?

Asked on January 28, 2012 under Real Estate Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Guidance here depends on your answer to a few questions. First, did you get the agreement to repoar inwriting? Wasitin the lease?  Next, do these repairsrelate to what is known as a warranty of habitability - leaking roof, broken refrigerator, no heat, dangerous condition, etc.? As a general rule you can not withhold rent. You would be in breach of your contract and two wrongs do not make a right.  So figure out what this is: a breach of contract and or a breach of warranty? Then you need to go to court and ask the court to allow you to pay rent into court until such time as the damage is repaired. Good luck. 


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