Can we terminate the lease if landlord has not made needed repairs?

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: 04/07/2025
• State: Pennsylvania

Answer:

You should carefully read your lease agreement regarding your rights and obligations regarding termination of the lease and your landlord's rights and obligations regarding maintenance and repairs of the property.

Generally, a landlord is obligated to supply possession of the premises as agreed in the lease. The premises must meet minimum standards of habitability including compliance with applicable building codes. Weatherizing, locks, running water, working plumbing, heating and cooling, pest control, and other basics must be in place. A landlord is obligated to keep the premises in repair, to the same standard as existed when the tenant initially leased the premises. Damages caused by the tenant, however, will be repaired only at tenant's expense.

Aside from complying with the lease agreement (many of which typically incorporate statutory duties of tenants), the tenant is obliged to keep the premises in as clean and safe condition as possible, and comply with any applicable health and safety codes, including proper disposale of garbage. The facilities and appliances in the premises must be used in a reasonable manner. A tenant must not damage the premises, nor cause a nuisance to neighboring tenants. A tenant must not permit or participate in criminal activity on the premises. A tenant is required to inform landlord of any dangerous conditions that develop, of any damage caused to the premises by whatever source, and of any serious injury to the tenant, tenant's family or guests, or tenant's property while on the premises.

If landlord breaches his obligations to maintain the premises, tenant normally has several options. First, tenant must usually give landlord a written notice with a deadline in which to repair the problem, the deadline being prescribed by law and varying from shorter to longer depending on the severity and impact of the problem. If landlord fails to act, tenant may either terminate the lease, have the damages repaired by outside contractors or by tenant himself and deduct the cost of repairs from the next month's rent, or withhold rent until landlord repairs the damage. If a landlord fails to provide possession of the premises, tenant may find other lodgings and sue the landlord for the difference in monthly cost, providing tenant mitigates damages. If a landlord wrongfully evicts tenant, the tenant's option is normally to fight the eviction in court and sue landlord for damages.

The applicable Pennsylvania statutes are as follows:

35 P. S. § 1700-1. Dwellings unfit for habitation

Notwithstanding any other provision of law, or of any
agreement, whether oral or in writing, whenever the Department of
Licenses and Inspections of any city of the first class, or the
Department of Public Safety of any city of the second class,
second class A, or third class as the case may be, or any Public
Health Department of any such city, or of the county in which
such city is located, certifies a dwelling as unfit for human
habitation, the duty of any tenant of such dwelling to pay, and
the right of the landlord to collect rent shall be suspended
without affecting any other terms or conditions of the
landlord-tenant relationship, until the dwelling is certified as
fit for human habitation or until the tenancy is terminated for
any reason other than nonpayment of rent. During any period when
the duty to pay rent is suspended, and the tenant continues to
occupy the dwelling, the rent withheld shall be deposited by the
tenant in an escrow account[fn1] in a bank or trust company
approved by the city or county as the case may be and shall be
paid to the landlord when the dwelling is certified as fit for
human habitation at any time within six months from the date on
which the dwelling was certified as unfit for human habitation.
If, at the end of six months after the certification of a
dwelling as unfit for human habitation, such dwelling has not
been certified as fit for human habitation, any moneys deposited
in escrow on account of continued occupancy shall be payable to
the depositor, except that any funds deposited in escrow may be
used, for the purpose of making such dwelling fit for human
habitation and for the payment of utility services for which the
landlord is obligated but which he refuses or is unable to pay.
No tenant shall be evicted for any reason whatsoever while rent
is deposited in escrow.

[fn1] Enrolled bill reads "account and".