Can we terminate our lease due to flooding and mold issues?

Full question:

We just moved into a rental on February 22, 2007 from the state of Indiana. The home is a raised ranch with a 3/4 finished basement. The basement has a spare bedroom (carpeted) and a family room with a bar (carpeted). On April 14th we had a severe storm and the spare bedroom downstairs and partially into the family room flooded to the point there was about 2 inches of water.I called the landlord immediately on the 14th. She returned my call on the 15th and stated they would have to turn it in on their homeowners insurance and not to do anything until insurance was notified. Since the 15th I left messages for her several times and still have not received a call or anything from anyone. We now have a severe ant problem in the basement and a major odor. (mildew smell) and mold forming from the wet carpet. We signed a 1 year lease. Can we get out of it? We have a 10 year old daughter who has severe allergies to the point she is now on medication since all this has happended.

  • Category: Landlord Tenant
  • Subcategory: Repairs
  • Date:
  • State: Pennsylvania

Answer:

You should review your lease agreement to understand your rights and the landlord's responsibilities regarding maintenance and repairs. Generally, landlords must provide a habitable living environment that meets minimum standards, including pest control and repairs. If the landlord fails to maintain the property, you typically have several options.

First, you should give your landlord written notice of the issues, including a deadline for repairs. If they do not respond, you may be able to terminate the lease, have the repairs done yourself and deduct the costs from your rent, or withhold rent until repairs are made. If the dwelling is deemed unfit for habitation, your obligation to pay rent may be suspended until it is certified as habitable again (35 P.S. § 1700-1).

Considering your daughter's health issues due to mold and odors, it is essential to act promptly. Document all communications with your landlord and any health-related impacts. If the situation does not improve, you may need to seek legal advice to explore your options further.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If your landlord fails to respond to repair requests, you should send a written notice detailing the issues and a deadline for repairs. Keep a copy for your records. If they still do not respond, you may have options such as terminating the lease, making the repairs yourself and deducting the costs from your rent, or withholding rent until the issues are addressed. Document all communications to support your case.