Pennsylvania Laws Regarding a Landlord's Breach of a Rental Agreement
Title 68 of the Pennsylvania Statutes outlines the Landlord and Tenant Act of 1951. The Commonwealth of Pennsylvania requires landlords to comply with the state and local government housing codes to provide their tenants with safe and habitable housing, comply with equal housing laws governing anti-discrimination and respect their tenants' rights to privacy.
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Landlords' Duties
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Landlords in Pennsylvania are required to provide necessary repairs to keep their tenants' homes safe and sanitary. They are only required to fix serious defects and provide essential services such as plumbing and electricity. Tenants have rights against landlords who do not provide them with necessary repairs after they provide notice of the defects. Additionally, landlords have a duty to respect their tenants' privacy rights without unnecessary interference and intrusion. Pennsylvania law generally allows landlords the right to enter their tenants' homes for repairs and to show their property to prospective renters during reasonable hours after providing notice.
Common Types of Problems
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The Landlord and Tenant Act of 1951 provides Pennsylvania tenants with several types of legal remedies against their landlords who breach their implied or express lease obligations. Tenants may sue their landlords who fail to return their security deposits, fail to provide essential services or fail to respect their right to quiet and peaceful enjoyment. They may also use equitable remedies such as repairing and deducting or withholding rent if their landlords fail to provide essential services or fail to provide necessary repairs.
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Withholding Rent or Repair and Deduct
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Tenants can also withhold a portion of their rent payments depending on the severity of their landlords' breach. Pennsylvania law also gives tenants a legal right to repair and deduct if they notify their landlords of their repairs, verbally or in writing, and provide them with a reasonable opportunity to correct the problem. What is "reasonable" depends upon the severity of the problem. For serious conditions such as lack of plumbing, landlords in Pennsylvania generally have 48 to 72 hours to repair, and they have up to 30 days to repair non-emergency defects. Tenants who are able to prove their landlords did not repair their defects after their tenants gave them notice can pay for repairs and deduct the costs of those repairs from future rent. However, Pennsylvania law requires that tenants obtain repair services from qualified businesses.
Filing Suit
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Tenants can also sue their landlords in a local District Justice Court (small claims court). They must provide their landlords with notice of the suit by hiring a private process server to deliver their petitions or paying a small fee to the clerk of the court for service through the local sheriff's office. The District Justice Courts' jurisdictional limit is $8,000, and the court will set a hearing within 60 days of the petition filing.
Considerations
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Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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References
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