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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 28437
Experience:  Attorney
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My daughter lives in house in Pittsburgh and has paid a

Customer Question

My daughter lives in house in Pittsburgh and has paid a monthly rent since September. Her name is ***** ***** lease but she has paid landlord and landlord knew she was there. Her bedroom has leaked 3 times. She has complained. Landlord now says she cannot live there. Can landlord kick her out? Must landlord fix roof?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: pa
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: I do not know. I imagine rain in a bedroom would not be acceptable. If the landlord knew she was there and accepted money, can she kick her out?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 month ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

It is illegal for a landlord to evict a tenant in retaliation for the tenant requesting repairs. Accepting rent from her created a month to month tenancy that can only be terminated on 15 days written notice. However, it's illegal for them to give her a 15 day notice because she requested repairs. A tenant has a right to live in fit and habitable premises, and if it's raining in the bedroom in January, that's not habitable.

Your daughter may want to call the city housing department to see if they can come out and do an inspection. They can contact the landlord on her behalf. If the landlord files for eviction, your daughter can go to court and defend on the basis that the eviction is retaliatory. She can also counterclaim for a partial refund for rent for each day the roof was leaking and the landlord refused to fix it.

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Expert:  Lucy, Esq. replied 1 month ago.

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