What is landlord’s reponsibility to provide a clean and safe premises/appliances?

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What is landlord’s reponsibility to provide a clean and safe premises/appliances?

The landlord provided the fridge which had mold on it; my husband ended up buying us a brand new fridge and the landlord sold his. However he is chargng us $25 even though myself and our maid cleaned it multiple times and he had been notified of the mold repeatedly before. Also, this month our kids where taking a bath and water started leaking into the kitchen. The tub was empty so my husband called the landlord twice and then went to his house to inform him. Can he charge us for having a plumber come and inspect?

Asked on February 6, 2012 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A landlord must provide tenants with a rental premises that is fit for its intented purpose--that is, residency. A mold-encrusted refrigerator would violate that obligation (called the implied warranty of habitability). You should not be responsible for the $25 charge, though as a practical matter, it may be better to pay then get involved in litigation.

A landlord, not the tenant, is responsible for plumbing issues, maintenance, repairs, etc. unless it can be shown the tenant caused the leak or other problem (e.g. a child somehow blocked up a drain with excessive paper or a toy).


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