Your tenant has fallen behind on rent. You are growing concerned because the rental payments help pay the mortgage on your property. You have reached out to the tenant about payment on multiple occasions with no response. It’s time to start considering eviction. Before filing your eviction lawsuit, you need to consider what is known as the “warranty of habitability.” If your tenant can prove that the unit was not “habitable” during the timeframe you are seeking to collect unpaid rent, they may be entitled to a reduction, or even forgiveness, of the outstanding unpaid rent. It is one of the most common defenses to an eviction action and should never be overlooked.
What is the Warranty of Habitability?
The warranty of habitability is a guarantee that in exchange for collecting rent, a landlord will provide a residence that is fit for modern human living standards. Property conditions that may violate the warranty of habitability include:
The warranty of habitability became an implied part of every residential lease between landlord and tenant in the late 1970s. Under no circumstances can the warranty be waived.
What should I do before filing an eviction action?
For the period of time you are seeking to recover unpaid rent, consider whether the tenant has notified you about any problems with the unit that are mentioned above. If these complaints went ignored for an unreasonable period of time, the tenant can argue that all, or a portion of, the unpaid rent is not owed. This needs to be considered before filing an eviction lawsuit in Pennsylvania.
How do I prevent a habitability issue in the first place?
Simply put, take a tenant’s complaint about the above conditions in the rental property seriously. If the complaint falls under one of the above categories and you fail to fix the problem, you may lose your right to collect rent. You can also be sued for not providing a habitable property to your tenant.
If you need to evict a tenant because they are not paying their rent, we would be happy to help. Evictions involve many more legal questions than one might think. Please contact the firm here or email Daniel J. Hinger, Esquire at [email protected] to schedule a consultation regarding your landlord-tenant problem.