http://www.nolo.com/legal-encycloped...ir-deduct.html
http://tenant.net/Other_Areas/Penn/harris/pa-part2.html
Quote:
Recent new law in Pennsylvania now allows the tenant to stop paying some or all rent if the landlord does not make necessary repairs. A tenant who withholds rent when a landlord has failed to make necessary repairs may have a good defense it the landlord decides to sue for back rent or eviction, if s/he can prove that the house or apartment is worth only the smaller amount of rent. This new law is called "implied warranty of habitability" and gives tenants more rights than the old law did.
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Under the new "implied warranty of habitability" law, the tenant's obligation to pay rent and the landlord's obligation to maintain habitable (safe, sanitary and fit) premises depend upon each other. If the landlord breaks his obligation to keep the premises in a reasonable fit condition, this may relieve the tenant from his obligation to pay part or all of his rent until the landlord makes all necessary repairs. The landlord must be given notice of defects and a reasonable opportunity to make repairs, but he does not have to promise to repair before the tenant withholds rent. The warranty of habitability is required by law in all leases (oral and written). The repair need not be necessary to prevent further in jury to the property to justify the use of the warranty; generally, substantial housing code violations are sufficient. [...]
It is important that the tenant inform the landlord in writing of his/her intention to stop paying all or part of the rent if necessary repairs are not made in a reasonable amount of time. The tenant should keep a copy of the letter and copies of all receipts for repairs. If the landlord decides to sue the tenant for that portion of the rent which was withheld, the tenant will need these records as part of his/her defense.
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