BurntHippie OP t1_j0uj8tu wrote on December 19, 2022 at 3:04 PM

Reply to comment by just_an_ordinary_guy in Father In law apartment no heat for over a month. What can I do? by BurntHippie

Unfortunately, Hes the corner apartment, and also next to the entry way so he is surrounded by cold on 3 sides. We are working things out with family on who can house him, but he has a disability preventing him from doing stairs, so things are not easy.
There is no legally defined reimbursement for these kinds of things, but some landlords will choose to do something extra. I doubt his will unfortanetly.

dingurth1 t1_j0umbm6 wrote on December 19, 2022 at 3:26 PM

damn, I hate landlord favoring states.

Looks like there may be a couple options. PA does mandate that heating be maintained. If they are unwilling or unable to fix it before next rent is due, definitely look into properly withholding rent, or suing for an appropriate amount since living standards weren't maintained.

I don't get why any landlord or manager would drag this out or play with this issue. If your FIL or another tenant got sick or heaven forbid died, they'd have a much bigger and expensive issue on their hands.

glenn_q t1_j0wxhan wrote on December 20, 2022 at 12:52 AM

Honest question: Why do you say PA is landlord-favoring? Most often, people don't read their leases and then complain that the justice system is in favor of landlords when they're held to the terms of the lease they signed.

I'm not defending what is happening in OP's situation one bit. Just asking what particularly makes PA landlord-favoring.

dingurth1 t1_j0wyv7p wrote on December 20, 2022 at 1:03 AM

It seems lawyers agree that PA landlord-tenant laws favor the landlord generally.

Specifically in this case, it should be easy for tenants to recoup rent when something as simple as habitability is jeopardized (ie: the law already states it). Instead it looks like it would have to go to court in almost all circumstances unless you had a great and generous landlord, in order to get compensation. Which is a high bar for most people, meaning by default it benefits the landlord.

glenn_q t1_j0x2co3 wrote on December 20, 2022 at 1:29 AM

Thank you for that resource. I wonder how they tabulate what tips the scale one way or another to decide landlord or tenant friendly. Like is there more weight given to certain aspects?

I get what you are saying about things needing to go to court. But some bad tenants have also helped to create that situation. Like "I'm not paying rent because the light in my oven is out." It doesn't affect the habitability. Then it takes about 90 days of not paying rent to get an order for possession.

I also understand that landlords generally have better resources and experience when going to court, so I agree with you in that aspect.

lrube t1_j0xkp0m wrote on December 20, 2022 at 3:51 AM

No the laws are landlord friendly. The rent withholding act in PA requires the apartment be classified as unhabitable by the proper jurisdiction and the renter must make valid payments into an escrow account. The landlord has SIX MONTHS to repair it. While the renter keeps paying and living there. If after 6 months it’s fixed the money goes to the landlord. Even if it took all 6 months.