<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by d1deal:
My PA apartment lease expires 9/30/00. I gave notice to move 7/8/00 a week ago. The landlord has failed to complete repair to my bathroom ceiling due to leakage since august of 1999. I have copies of the letters sent to the rental office regarding the repair. I also have notes the maintenance man left indicating when he would return to start, return to continue, and finish the repair which as of this day (6-26-00) is not complete. I also have video taping and pictures of the undone work. In addition to that the bathroom door is hanging on one hinge from the bottom. Requests to fix the door was also not responded to. I have a court hearing on 7/3/00 for non payment of June's rent and they are asking for the remaining months rent too. Am I obligated to pay? If I am given an evction notice would I still have to pay any money to them? I am hoping I can get out of this lease because it will be one year this coming august that the ceiling still has not been corrected. In essence, the landlord did not keep thir agreement about making necessary repairs. Thanks for your replies!!<HR></BLOCKQUOTE>
You will be protected if you sent a letter to the landlord/rental office giving proper notice that you are witholding your rent until the repairs are completed. Just letters from you requesting repairs is not sufficient if it does not address your withholding of the rent. You are still responsible to pay rent although there may be a negotiated amount. In a circumstance where you could not use the entire house, only then can you get out of paying the entire rent. Ex. the house burns down, uninhabitable due to hurricane, flood, earthquake damage, condemnation by the Building Dept. etc. If you have more than 1 bathroom, you could have used the other one. If you only have one bathroom and could not use the toilet or even bathe, then that is different. If you still lived in the home, you can not get free rent. Decide whatever is fair and equitable and negotiate with your landlord/rental office.
When you go to court, take filled out checks for the rent for months of June and July and dated respectively. Tell the court that you were and are willing to pay the rent as evidenced by the checks. The reason you did not pay is due to...... tell the story, show the evidence etc. If the court accepts your premature lease cancellation due to the unfinished repairs then you will only be responsible for the rent during the time you are there. If not, the landord still can not charge you for the August rent because your court date is in July and the August rent is not due yet. In any case be prepared to turn over the rent checks or tell the court that rent of half the regular amount (or whatever) is fair should the landlord accept. The eviction notice is a moot point if you are willing to pay and they accept the negotiated rental amount.
