Trying to break lease, believe house is uninhabitable

[richardroberts]

What is the name of your state? GEORGIA

Hi, My name is Richard Roberts. I'm in a housing situation in which I'm trying to break the lease, because the house is occupied by rodents, open to the outside, allowing many types of outdoor bugs to be found inside, has mildew, which aggravates my asthma and allergies, and the landlord is more of a slumlord, the house was a mess with a lot of damage and broken appliances when we moved in, most of which was fixed after asking him to fix each item.

MY QUESTION: What kind of evidence do we need to prove the house uninhabitable, and how should we proceed at the moment, since rent is due friday. An inspector has been called but won't come til next week.

We have photographs of a lot of the problems, including shining light around the windows showing they don't seal at all. Also worth mentioning are 2 illeagal clauses in the lease - that rodent and pest removal is our responsibility, as is the first $50 of any repairs the landlord makes.

Thank you for your help, I really appreciate it. If anyone lives in Atlanta, maybe we can buy you some lunch.

Richard

 

[coosi]

"The Landlord and Tenant law requires that the landlord complies with all building and housing codes in your area, and is ultimately responsible for keeping the rental property fit and habitable.

If your landlord does not make necessary repairs, you really should not refuse to pay your rent before talking to an attorney.

If you are having problems with a landlord or a tenant, you might want to try calling the Georgia Housing and Finance Authority at 404-679-4840."

This was from something called "ask Calvin"?

Other information I found stated that tenants can be required to control pests and rodents, in other words, that clause is probably legal...in Georgia.

 

[HomeGuru]

"The Landlord and Tenant law requires that the landlord complies with all building and housing codes in your area, and is ultimately responsible for keeping the rental property fit and habitable.

If your landlord does not make necessary repairs, you really should not refuse to pay your rent before talking to an attorney.

If you are having problems with a landlord or a tenant, you might want to try calling the Georgia Housing and Finance Authority at 404-679-4840."

This was from something called "ask Calvin"?

Other information I found stated that tenants can be required to control pests and rodents, in other words, that clause is probably legal...in Georgia.

**A: who in the tarnation is Calvin? is he the cousin of Jeeves and do they live in the land of google?

 

[coosi]

Rights and Duties in Pennsylvania
Pennsylvania Bar Institute, Representing Landlords & Tenants, Volumes I & II
68 P.S. ? 250.101 (The Landlord Tenant Act)
Updated:October 3, 2002
What is the implied warranty of habitability?
In 1979, the state of Pennsylvania adopted the doctrine of implied warranty of habitability. Under this doctrine, any time a dwelling unit is turned over to a tenant, the tenant is automatically given a warranty by the landlord that the premises are in safe and habitable condition and will remain so during the term of the lease.
What are a landlord?s duties?
In general, the landlord is required to maintain facilities and services vital to the life, health, and safety of the tenant. This principle has been applied in such a manner as to require the landlord to:
1. Comply with building and housing codes.
2. Keep premises in fit, sanitary, safe, and habitable condition.
3. Keep the common areas in a safe condition.
4. Keep all electrical, plumbing, sanitary, heat, ventilating, air conditioning, and other appliances supplied by landlord in good and safe working order.
5. Notify the tenant in writing of any breaches of the tenant?s obligations under the act, except in emergency situations.
6. These duties cannot be waived be any agreement between the landlord and tenant.

What should the tenant do if the landlord breaches one of the duties listed above?
1. Using registered mail, return receipt requested, notify the landlord of the defect you want him to correct. Make sure you keep a copy of your letter and the receipt verifying the mailing.
2. Give the landlord a reasonable opportunity to correct the defect.
3. If the landlord fails to correct the defect, contact the Carlisle Barracks Legal Assistance Office. What are my remedies if my landlord fails to correct the defects?
Note: We recommend that you consult with either the Legal Assistance Office or a Pennsylvania attorney before attempting to obtain any of the following remedies:
1. If the breach of the landlord?s obligation is of such magnitude that the apartment is uninhabitable, you may cancel the lease and not pay any further rent.
2. The tenant may make repairs and deduct the cost of repairs from his rent. However, you should be aware of the following: a. Repairs must be reasonably priced and cannot exceed one month?s rent. b. Two written estimates should be obtained prior to initiating repairs. c. The repairs must be necessary to make the premises habitable.
3. Sue the landlord for damages under one or more of the following causes of action:
a. Cost of repairs for breach of implied warranty of habitability.
b. Retroactive rent abatement or refund of rent for percentage reduction of use. c. Consequential damages resulting from Landlord?s failure to repair (such as damaged personal property, excess utility bills, etc.) d. Intentional infliction of emotional distress. e. Violation of the Unfair Trade Practices and Consumer Law.
4. Withhold rent. (Escrow is not required but is recommended)
5. Specific Performance ? ask the court to order the repairs. What should I do if the landlord responds to my demand for repairs by raising my rent or evicting me? By going into court you could defend against the action be arguing that the rent increase and eviction constitute retaliatory landlord conduct.
What might a landlord?s defenses to retaliatory conduct be?
1. The tenant breached a material covenant of the lease.
2. The tenancy was for a definite period of time with no option to renew.
3. Compliance with building or housing codes, or major alterations require displacement of the tenant.
4. Good faith notice to quit was given before any of the tenant?s protected activities occurred.
5. Landlord wishes to use the dwelling for himself at the expiration of the lease

What are a tenant?s duties?
1. Comply with building and housing codes.
2. Maintain premises in a clean and safe condition.
3. Prevent and portion of the premises from being damaged or destroyed, unless due to: a. Ordinary wear and tear. b. Act of landlord or his agent. c. Defective products or repairs authorized by landlord. d. Acts of third parties who are not invitees of the tenant. e. Natural forces.
4. Notify the landlord in writing of any needed repairs, unless there is an emergency.
5. THE TENANT MAY NOT UNILATERALLY WITHHOLD RENT PRIOR TO A JUDICIAL DETERMINATION OF THE RIGHT TO DO SO.

Is the landlord entitled to keep any interest he obtains while holding the security deposit?
During the first two years of the lease the landlord may keep all of the interest earned from the security deposit. When must the landlord return the security deposit? The landlord must return the balance of the security deposit within 30 days after termination of the lease. What are my remedies if the landlord fails to return the security deposit within 30 days? You may receive double the amount wrongfully withheld by the landlord.
What may the landlord use the security deposit for?
1. Non-payment of rent.
2. Damage to premises.
3. Non-fulfillment of lease.
4. Unpaid bills which become a lien against the premises due to tenant?s occupancy.
Does the landlord have to notify me if he is going to use my security deposit?

Within 30 days of the termination of the lease every landlord is required to provide a tenant with a list of any damages to the leased premises for which the landlord claims the tenant liable. 68 P.S. ? 250.512a. The landlord must deliver the list along with payment of any difference between the amount of security deposit funds and the amount of damages. A landlord who fails to provide a written list within the required 30 days forfeits all his rights to withhold any portion of the security deposit funds. What if I object to the claims for damages?

IF YOU OBJECT TO THE CLAIM FOR DAMAGES, YOU HAVE TO FILE A LAWSUIT AGAINST THE LANDLORD. (SEE DISTRICT JUSTICE COURT PAMPHLET)

 

[coosi]

is he the cousin of Jeeves and do they live in the land of google?

Or maybe the "land of 'od"

Is there a google, georgia?

 

[richardroberts]

Thanks for everyone's replies, they're very helpful. Unfortunately, we're screwed unless the inspector deems the house uninhabitable, as we met with the landlord, and he said he'd fix everything, rather than letting us break the lease, or unless we can find something so terribly wrong with the house that he doesn't want to fix it. The thing that bothers me is that we're paying way too much for such a crappy house, there are a lot more issues with the house that aren't exactly problems that need fixing.

Anyway, thanks for your help,
Richard