Submitted by Tumble85 t3_za3gpb in philadelphia
PhillyPanda t1_iyk71k7 wrote
What is the term of the lease? If it’s a month to month, give him formal notice in writing of intent to terminate now. If it’s a year long lease, the landlord shouldn’t really touch the security deposit or last months rent.
Make sure notifications are in writing and are asking him to fix things. Hot water is a required utility. Contact L&I about hot water/heat and have them document no hot water and temps below the required temperature. Have him check if the landlord is a licensed rental.
He can’t throw him out but he can start the eviction process, which will involve mediation so will take some time. While this is happening your friend should look for someone to take over the lease and ability to access his savings (might have misread this part).
Unless he documented the verbal threats somehow or has witnesses, it’s pretty he said/he said. He should only really have contact with the landlord in writing from now on.
If the landlord changes the locks/actually throws him out, he has recourse, it’s illegal, he should call the cops.
IThinkImLovely t1_iyqqgfx wrote
You either:
- Watch a lot of People’s Court (me too)
- Work for the legal system
- Have direct experience with this.
Suffice to say this is flawless feedback. Technically, in some states you can withhold rent from a landlord that does not provide basic human living accommodations (ie. Hot water (especially in cold regions), electricity, or clean water).
OP’s friend please listen to this person ^ if you do it on your own or call the number posted earlier in the thread where an advocate can work with you through these steps.
Tumble85 OP t1_iyqwdi0 wrote
(I am posting this for my friend, he was trying to use a throwaway account so as not to identify himself but new account posts don't show up here)
Hi I am the friend, thank you so much for the post. This apartment is in a pretty crappy area so I doubt anyone will take it over. The lease is/was 1 year but it also hasn't been followed exactly -- he tried to get me to pay 200 extra per month by sneaking a + $200 into the lease (and i honestly have no idea how he thought that would work because... I write the checks) because I said I would only pay 1st and security due to the area being crappy but we figured something out.
But anyways, a while ago I used my savings to help my folks out and they'll either pay me back when they sell the house or figure something else out. They are going through a tough time on multiple fronts right now so I don't think I can ask them just this moment and they won't be around until later anyways.
And I know legally he can't throw me out I just have no idea what to do if he tries or something, it's very stressful to hear it especially when life is dumping on me. Like he's always been very stressful to deal with (I think he is a compulsive liar) and I get why he is pissed but he went straight to threats before I could even finish talking.
Who is L&I by the way? Edit - oh, license and inspection. Do you know how long it takes them to show up?
PhillyPanda t1_iyr141l wrote
Licenses and Inspections (311) - https://www.phila.gov/departments/department-of-licenses-and-inspections/
Life happens and he shouldn’t make threats but they contractually agreed to a year long lease for whatever amount is stated in the lease (if the extra $200 is in the signed lease, then it’s there) so your friend needs to look at their lease to see what they’re on the hook for financially. Sometimes there are early termination provisions to get out of a lease but usually not. He can also try to negotiate with the landlord (usually two months rent + security deposit is something a landlord might concede to) but the landlord doesnt have to agree to that.
Once he formally terminates his lease (and leaves), Landlords have to make an attempt to re-rent the unit but PA law is vague on this and your friend is going to be on the hook for rent until the landlord does find a replacement which is why it’s good to look himself if possible and find a replacement.
But… if there’s no heat (below a certain temp) / hot water (generally) - his place isn’t habitable and he can stay and withhold rent (put rent in escrow, which means he’s paying rent still but paying it to a bank where it just sits)/or he can terminate the lease and leave no penalty, which is why calling L&I may be a good move so it’s documented if this goes to court. Also why it’s good to be sure everything is in writing, certified mail preferred. Heat/hot water are typically emergency repairs so if not fixed within a day or two after formal notification, there’s a basis to leave.
This guy sounds sketchy and there’s a chance he’s not a licensed rental. You can search here: https://atlas.phila.gov/ If he’s not a licensed renter, it’s also illegal for him to collect rent from your friend so he’ll have no course of action through the court system to bring a suit against your friend if they leave.
Tumble85 OP t1_iyrcv47 wrote
(This is the friend with the landlord issue)
Yea I do feel bad about having to break the lease like this, although honestly he kinda brought this on himself, if he hadn't lied to me about the door code (I had a second gig where I digitized records but they have strict delivery rules where they have to be delivered to me or a locked door in the building I live, and when he showed me the building I told him that and asked about the code lock and he said it just needed a new battery, then after I moved in he said the code couldn't be given to delivery people because it is a security risk) I would have money for him. I may still be able to come up with it but at this point I actually kind of want to get some official people involved because of how he threatened me. It wasn't just a few idle threats he was in the hallway screaming at me calling me names and saying that he was going to beat the shit out of me and have people do the same.
> which is why it’s good to look himself if possible and find a replacement
I honestly would not feel comfortable knowingly putting someone into contact with this guy.
[deleted] t1_iykgad9 wrote
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