Yes, thank you for your patience as I researched this.
Every lease has an implied warranty of habilitability, and an implied warranty of quiet use and enjoyment.
Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.
These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction".
Pugh v. Holmes, 486 Pa. 272, 405 A.2d 897 (1979)
The options for this breach is:
1. cancel the lease
2. repair and deduct
3. withhold rent (100% if it affects the entire unit, or proportionate)
If it is the LL that is requesting a tenant to move after exercising their rights, that is considered retaliatory eviction. The LL must evict via the legal process (ie notice, then court proceeding).
Otherwise, the LL is exposed to liability, including economic damages actually suffered by the tenant - ie moving costs, difference in rent price for comparable unit (keeping in mind the tenant has a duty to mitigate- i.e. not rent a very expensive place just to spite the LL).
It is a good idea to call city/county officials (ie housing inspector) to document (and possibly cite) the LL.
This discusses the eviction process but the tenant can challenge it if it is based on retaliation.
This is a tenant's guide that can come in handy just so one is aware of their rights.
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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.