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CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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The Apartment owner sent a notice that they will report 4300

Customer Question

The Apartment owner sent a notice that they will report 4300 dollars to my credit beuro If I do not make them payment. I sent them video of mice running all over and had told their maintenance guy to fix it but nobody cares. My lease was three months new
only. I paid all my rent till I lived they did not return my security deposit. The problem of mice was unbearable. this happened with me in Feb. 2015. Can I still claim my all rent back. thanks
Submitted: 2 years ago.
Category: Landlord-Tenant
Customer: replied 2 years ago.
This happened in PA USA.
Expert:  CalAttorney2 replied 2 years ago.
You are trying to withhold rent based on the landlord's breach of the "implied warranty of inhabitability" (an infestation). Unfortunately, this is a fairly difficult standard (see:, and many tenants find that if they use this remedy (rent withholding) instead of trying to first negotiate a resolution with their landlord, or alternatively suing their landlord for breach of contract, they will find themselves the subject of a collections action (as it appears your landlord has done to you).I would suggest trying to mediate this dispute - you likely have a strong enough case to at least negotiate a reduction in the rent that is being claimed if not waive it altogether, but you want to at least get a solution to this matter before it goes any further. - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

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