Stopped Rent Payments 4 Lack of Maintenance

[jcarter1964]

I rented an apartment back in June 2000 (Philadelphia, PA). There was no formal walkthrough at lease signing(nor was the apt cleaned as promised). The smoke detector was taped up, hanging from the ceiling w/exposed wires; there was a softball size hole in the bathroom floor that had not been repaired (you can see light from the apt below); and there appeared to be water damage from an "old" leak in the bathroom ceiling (landlord said had been fixed). I began reporting these maintenance problems that day. I was informed that I shouldn't call the emergency line unless someone's life was in danger. Since then the bathroom ceiling has leaked every time it has rained (since July & now to the point that much of it has fallen - large hole & mildew now), they have never fixed the smoke detector nor have they fixed the hole in the floor. There is a major rodent problem and the common areas are never cleaned.

I have reported these problems repeatedly (for months!) and received no results, so I stopped paying rent until these items were addressed. I wrote and forwarded a letter outlining my complaints with a check for 1/2 of what I owed, indicating my good faith that they would be fixed. I just received an eviction notice stating that I was being evicted for lack of rent payment.

Aren't they violating rental laws or something (esp. w/the smoke detector)? I know that other tenants have broken their leases and/or sued the management company. Do I have any legal right to refuse payment or am I legally "in the wrong"?

Thanks!

 

[HomeGuru]

In general, you have a right to withhold and put the money in a court or attorney trust account or repair and deduct. L must be properly notified in writing. Properly means folowing the State L/T laws. If you did this then you can counterclaim a retalitation eviction. If you did not properly notify L, then your eviction notice was legal. Hire an attorney to help you and read the applicable State L/T laws.