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Retalitory constructive Self help eviction damages and breach of lease

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Zink2010

Junior Member
PA, for 7 years my lease has stated heating fuel is provided by landlord. Because she had accepted "hud" during a time of need I felt obligated to keep mouth shut while paying for the fuel oil but using wood as main source. 3 years ago they removed the woodstove stating for insurance reasons which then i paid a minimum of 2500 for fuel per lease year afterwards. When i recently remembered the landlord was to pay for heat i requested the lease be followed.
Within 9 hours i had an eviction notice on ny door. Since sept, ive had to temporarily relocate due to no heat, pipes bursting and no water. Instead of getting an order from judge, they instead threaten me, have an attorney threatening to destroy my children and i's property and breaking through windows as ive actually changed the locks due to landlord allowing/having men from her business go into our rental. Still to this day, my family and I go there when its above 50 in home to try packing things that arent destroyed via damage or mold, request reimbursement for fuel fees and the latest, responded to their attorneys letter with a settlement offer and notice that we will take this to court. Breach of lease of fuel oil receipts alone are a minimum of $1750.
The property damage, threats of illegally evicting by attorney in writing, unhabitable home and breach of implied warranty and the damages the landlords breach of duties caused to our belongings aling with the extra fees to relocate. Can I sue for these or whatever else my family and I are entitled to and under what terms do we use?
I had planned filing a counterclaim thinking the landlord was legally evicting us but that isnt their style ive learned through current and prior tenants that had the same issues. This landlord owns most of the small county we reside and an endless source of money so their intimidation apparently has had a different effect on every other tenant. Please help!
 


Shadowbunny

Queen of the Not-Rights
PA, for 7 years my lease has stated heating fuel is provided by landlord. Because she had accepted "hud" during a time of need I felt obligated to keep mouth shut while paying for the fuel oil but using wood as main source. 3 years ago they removed the woodstove stating for insurance reasons which then i paid a minimum of 2500 for fuel per lease year afterwards. When i recently remembered the landlord was to pay for heat i requested the lease be followed.

Within 9 hours i had an eviction notice on ny door. Since sept, ive had to temporarily relocate due to no heat, pipes bursting and no water. Instead of getting an order from judge, they instead threaten me, have an attorney threatening to destroy my children and i's property and breaking through windows as ive actually changed the locks due to landlord allowing/having men from her business go into our rental. Still to this day, my family and I go there when its above 50 in home to try packing things that arent destroyed via damage or mold, request reimbursement for fuel fees and the latest, responded to their attorneys letter with a settlement offer and notice that we will take this to court. Breach of lease of fuel oil receipts alone are a minimum of $1750.

The property damage, threats of illegally evicting by attorney in writing, unhabitable home and breach of implied warranty and the damages the landlords breach of duties caused to our belongings aling with the extra fees to relocate. Can I sue for these or whatever else my family and I are entitled to and under what terms do we use?

I had planned filing a counterclaim thinking the landlord was legally evicting us but that isnt their style ive learned through current and prior tenants that had the same issues. This landlord owns most of the small county we reside and an endless source of money so their intimidation apparently has had a different effect on every other tenant. Please help!
I edited your post to add white space, as it was very hard to read.

You'll do yourself a favor by getting familiar with PA's tenant laws.

You can find many answers here: https://www.palawhelp.org/issues/housing-and-shelter/tenants-rights
 

FarmerJ

Senior Member
So you were in a housing assistance program, did you report to the HAP that your LL was no longer paying the heat as the lease said they would ? did you call your city or county building inspections dept to complain of the homes habitability ? now that you are moving out do you have pictures to show the places condition ? Can you sue the LL? well you can try but at this point if your personal property is becoming damaged from lack of heat then you should get your stuff out sooner and into dry and heated space. You can sue for refund of your deposit if the LL doesn't follow your states law for deposits. Your having paid the heating cost when your lease said it was included for as long as you had will not look real good for you. At this point you really should finish getting your stuff out quickly because keeping anything there can be seen as keeping the unit under your control = just like occupancy and until a authority like inspections or a court says you don't owe rent or no one can live in it as it is you are tying up the LLs property.
 

HRZ

Senior Member
PAs LT laws are quite tenant friendly and you are quite frankly missing the boat to seriously rain on this bad apple LLs parade. ( I'm a long time , now retired , LL in PA )

NO water is virtually assured grounds for unlawful self help eviction...and no heat is right up there...and on a bad day my Codes office could hit me with a big daily fine until I got habitability cured ...and BTW once the water went off they could make me bring everything up to code to re acquire a CO ..and that's just for starters

A good many professionally prepared leases in PA are signed under seal ..and that's 20 year statute of limitations , otherwise I think it's 4, and many include clear language that other deals do not count...you may have a pretty strong point to recover all overpayments for fuel back to the limit of sol.

BUT YOU NEED ! BADLY NEED a paid advocate of your cause ..paid lawyer , darn soon!
 

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