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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello - thank you in advance for your time and patience. I

Resolved Question:

Hello - thank you in advance for your time and patience. I need to give you some background before the question please.

Currently, I am renting an old house (100 yrs next yr) and the and the landlords are a little lax. Been in the house 4 yrs and they are just starting to do a little here and there (touch-up chipped paint on front porch, new lock on front door - that's about it) In the mean time - I have put thousands of dollars into the house because I have to live there . . . and every time I asked for something they never have the money. I have put new outside gutters, new screen doors, new yard gates, new back fences, repaired and repainted the 20' x 24' back deck, new bathroom fixtures, new kitchen sink and spigot - I could go on but you get the idea.

There are a few things I need - and now it is the principle of the matter. My dryer vent has no "door' to the outside, where it vents, so when it rains, the dryer has water INSIDE of it and now it is rusting (I bought the washer and dryer from them when I moved in) and the basement, which I had waterproofed is very damp - to the point where my storage boxes are almost wet. There is a product on the market that absorbs excess moisture and will probably run them 100 bucks.
At the risk of being naïve, this is my first renting experience, I have always owned - am I within my legal rights to ask them to DO SOMETHING about the basement and the dryer vent. The dryer is actually RUSTING inside from this issue.

Sorry to be so long-winded - but I wanted to give as many facts as possible. THANK YOU AGAIN FOR YOUR TIME AND PATIENCE
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. In PA like many other states, the landlord has a warranty of habitability that they have to provide to the tenant. In PA, that warranty is implied and recognized via case law in cases like Pugh v. Holmes. The landlord in PA is supposed to provide the following:

Drinkable water
Heat (in cold weather)
Working sewer system
Safe, working electrical system
Working smoke detector
A lock for your door
A home not filled with an infestation
Safe, sanitary condition of the home structure and outside area

am I within my legal rights to ask them to DO SOMETHING about the basement and the dryer vent. The dryer is actually RUSTING inside from this issue.

You may have recourse about the basement, if this is part of your lease. If so, then it is not a safe, sanitary part of the structure, and you can demand that they fix it up. The dryer is subjective. PA's warranty of habitability is more subjective than most other states, and it really is on a case by case basis.

Someone in your situation may wish to write them a CERTIFIED letter stating these two issues, and give them a reasonable amount of time to fix them. If they do not, you have the ability to possibly break lease if the issue is particularly bad, or withhold rent and apply it to a serious issue (such as the basement).

Let me know if you need a sample of such a letter.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


Sorry it took so long to get back to you - there was an issue with Just Answer's website.


 


I thank you for your answer - and I have one more question please?? Every Spring I am INFESTED with ants (inside the house) and during the Summer the (biting) insects are ridiculous. Any thoughts on this problem - i.e. landlord issue or tenant problem??


 


Thank you again

Expert:  Ely replied 1 year ago.
No worries at all, my friend, and apologies for the issues with the site on behalf of the site.

I thank you for your answer - and I have one more question please??

By all means.

Every Spring I am INFESTED with ants (inside the house) and during the Summer the (biting) insects are ridiculous. Any thoughts on this problem - i.e. landlord issue or tenant problem??

IF THE ANTS COME IN NATURALLY AND YOU KEEP THE HOME FAIRLY CLEAN, then it is the landlord's issue if this is not typical for your area.

If the home is dirty, then it is the tenant'a issue.

So assuming that you keep your home fairly neat and this is NOT a common occurrence in your part of the USA, then this is the landlord's issue under warranty of habitability, as he is supposed to keep you reasonably free from infestation.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87601
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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