Pennsylvania--Flood damage liability

[MrSmith]

My apartment complex in Pennsylvania suffered damage during flooding in June 2001, including 12 inches of flooding in the 1st floor apartments, and the basements were completely submerged. We have been without electricity or gas for a month now, and are not given any definitive answers as to when these will, if ever, be reinstated. The landlord only responds "as soon as possible" to this.

There are signs posted on the buildings from the county housing authority warning that they are uninhabitable and to keep out. Of course, tenants are in and out retrieving items, and the landlord (who is a lawyer), occupies his office in another of the buildings.

He has never offered temporary relocation assistance, and has directed tenants to find alternative housing and assistance on their own. He has posted signs from the Red Cross and FEMA on the buildings, but has done nothing personally to compensate the homeless tenants.

Obviously, I am looking to move, as I do not currently have a home, as have most of the other tenants.

What are my rights in this situation? My lease will expire during the time I will not be living in the apartment. It is a general lease written in the 1950's, basically stating the landlord isn't responsible for anything, anytime, anywhere. Does state law have priority over leases? I don't care about getting my security deposit back at this point, but it would be helpful in getting a new apartment. Is the landlord responsible for accomodating tenants in emergency situations, doesn't his insurance cover this? If/when we do move back in, will we be liable for rent for the time we were not living there (all tenants have refused to pay rent while we are not allowed into the buildings)? Isn't this covered by his insurance as well? Rent is to be paid at the office of the landlord, according to the lease, but since I'm not legally allowed on the property, I can't physically pay the rent there.

The landlord has given no written notification of anything in this situation (if/when pay rent, when repairs will be made, etc.). Since, again, we are not allowed on the property, verbal notice cannot be given to us about anything.

He has repeatedly broken lease agreements in the past, by allowing maintenance entrance without prior notification for non-emergency reasons, a tenant sued him and won last year for slipping on the icy steps, he does not shovel the snow during the winter, never making repairs when called upon (I have sent written notice for my own, but have yet to see repairs in 3 years!!). I have no problem packing up and leaving this dump, but I don't want to be held liable for his negligence.

Any information you have would be helpful, thank you.

 

[HomeGuru]

Psck up and leave the dump. In this type of disaster, T is not responsible for any rent from the date of the disaster.
Do not expect L to help you find a new place or reimburse you. Send a certified rrr letter that you are vacating and request the immediate return of your security deposit.
Seek help from Red Cross and FEMA.

 

[MrSmith]

Landlord gonna get it in court now

I haven't been able to find a new apartment yet after the flood in Pennsylvania in June, I am on waiting lists until January for some!! So am I stuck in my current home. Here's the latest, since my first post in July, any advice for me here?

I kept calling the city's building inspector office, to find out when the building would be liveable, since the landlord apparantly took down the uninhabitable signs himself. After a few weeks of not getting my calls returned, being told by the secretary for the inspector's office that the building has not passed inspection, then the landlord telling me it did pass 2 days BEFORE the inspector was scheduled to go out, and the inspector not calling my back again, I contacted the local news media which investigates consumer complaints. An hour after a reporter called the building inspector, he finally calls me back, and was all confused as to why I was upset, because his original inspection report said the building suffered miminal damage (NO notes made of the flooded basement and foot of water in the first floor apartments!!). He said he would go back out to do another inspection, and calls me back the next day saying not only was the building fine, it was fine as of the date the landlord said, and it was an "administrative computer" error that led the secretary to tell me it did not pass inspection.

I had told the landlord that I was not going to pay rent until I received the final report from the building inspector, now he made a court date in district court to get his rent money!

Here's my case:
--I don't have gas yet in my apartment, and 4 people have witnessed this.
--I have photo evidence of the flood damage to the building and the gaping hole in my ceiling.
--I have the dates and times of my phone calls and emails to the building inspector and the news reporter, and will provide contact information for both of them.
--I have never received written notification that the apartment is liveable now, that I should return and start paying rent, etc.

My questions:
--Can someone verify that it is PA state law for landlords to give written notice of these things, that the apartment has been restored and that it is ok to return? If I have not been contacted by him other than a 2 minute conversation in the parking lot a MONTH after the fact, that cannot be official and legal, is it? I mean, I have not been living there, if I received no notice in the mail, how would I know to return?
--What would be my chances in court, since I have no gas yet, I still cannot live in my apartment, so I shouldn't have to pay rent for the time since the flood, correct?


Thanks,
Mr. B. Smith