ysobelle: (Default)
[personal profile] ysobelle
It seems that in Philadelphia, if not everywhere, there's something called an Implied Warranty of Habitability, wherein the landlord is required to keep the rented premises-- among other things-- safe.

http://www.clsphila.org/warranty_of_habitability.htm

Under the implied warranty of habitability the tenant has an obligation to pay rent and the landlord has an obligation to maintain habitable [safe, sanitary and fit] premises depend upon each other. If the landlord breaks his or her obligation to keep the premises in a reasonable fit condition, this may relieve the tenant from his obligation to pay part or all of his rent until the landlord makes all necessary repairs. The landlord must be given notice of needed repairs and a reasonable opportunity to make repairs, but he does not have to promise to repair before the tenant may withold rent. The warranty of habitability is required by law in all leases (oral and written).




Hm.

Date: 2006-08-17 12:58 pm (UTC)
From: [identity profile] fondor.livejournal.com
Unfortunately,
It generally doesn't include crime issues. What they mean is that the physical dwelling is structurally sound, electrically safe, and that there are no water or sewage leaks.
Your state of mind, or that of your neighbors doesn't enter into the equation unless the landlord has knowledge of criminal activities IN his premises. You can give it a shot, but it is a long one.

Date: 2006-08-17 01:11 pm (UTC)
ext_4831: My Headshot (Default)
From: [identity profile] hughcasey.livejournal.com
I have found the hard way, many years ago, that the rent should go into an escrow account, not just "not paid". Then, when the problem is fixed, the landlord gets the rent from escrow.

If you just don't pay, then the law in on the landlord's side.

FYI.

(DISCLAIMER: I am not a lawyer.)

Date: 2006-08-17 06:27 pm (UTC)
From: [identity profile] ysobelle.livejournal.com
The landlord has MANY instances of criminal activity. MANY. Cars are broken into in the lot outside on a daily basis, and they do absolutely nothing. Zip. Zero. No security, no cameras, nothing.

Date: 2006-08-17 06:28 pm (UTC)
From: [identity profile] ysobelle.livejournal.com
I know. I'm considering options. Basically, I just need a way to get out of my lease. Athough I think I have grounds anyway, as I now work more than 90 miles from here.

Date: 2006-08-17 10:33 pm (UTC)
From: [identity profile] murcury.livejournal.com
Is this only valid in Philadelphia city, limits, or is this a statewide thing?

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