Pennsylvania Tenant Self-Help Right

State:
Multi-State
Control #:
US-OL13022
Format:
Word; 
PDF
Instant download

Description

This office lease form describes a tenant's self-help right dealing with its inability to utilize the premises due to a failure of an essential service or the failure of the landlord to comply with the laws, to maintain the building or to provide a service.

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FAQ

How much notice does a landlord have to give a tenant to move out in Pennsylvania? In the state of Pennsylvania, for a lease that is one year or less in length, a landlord can give a tenant 15-day notice to leave. For leases over one year, landlords can give a 30-day notice to leave from the date the lease ends.

(a) General rule. --It is unlawful for any landlord ratepayer or agent or employee thereof to threaten or take reprisals against a tenant because the tenant exercised his rights under section 1527 (relating to right of tenants to continued service) or section 1529 (relating to right of tenant to recover payments).

Pennsylvania law allows a tenant to make necessary repairs and deduct the cost of the repairs from the rent under certain circumstances. Under the old law, repair and deduct was allowed in only two situations: The landlord had promised to make repairs but repeatedly failed or neglected to do so.

So-called ?self-help? evictions are illegal, and if your landlord decides to take the law into their own hands you have every right to bring a lawsuit against them.

No. Many Pennsylvania courts have said your landlord cannot evict you by self-help, meaning such things as padlocking your door, shutting off your utilities, using force to evict you, or using any eviction method other than going to court.

For example, if the rental property is in need of a critical repair, such as fixing the heat, a landlord must fix it within 24 hours. When it comes to non-critical emergencies, a landlord has 14 days to make the repair.

What Is the Right of Quiet Enjoyment in Pennsylvania? The Right of Quiet Enjoyment states that every lease includes an implicit promise that the landlord won't unreasonably interfere with a tenant's right to possess the leased property.

The Pennsylvania Supreme Court has ensured that tenants have the right to a decent place to live. This guarantee to decent rental housing is called the Implied Warranty of Habitability. Landlords must remedy serious defects affecting the safety or the ability to live in the rental unit.

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Pennsylvania Tenant Self-Help Right