Landlord's Duty To Make Repairs
What can you do when the leased premises where you live needs repairs? First, ask your landlord nicely to make the repairs. Then, wait a reasonable amount of time. Decide if your landlord has a legal duty to make the repairs. Your landlord has a legal duty to make repairs if part or all of the premises is not fit for human habitation (due to such problems as a broken furnace, bad leaks, or no water). However, your landlord has no duty to repair damages caused by you or your guests. Also, you landlord is not required to make the premises look nicer by painting the walls, replacing faded carpet, etc. unless he or she specifically agreed to do so. Cooperate with any efforts of your landlord to make repairs. If your landlord fails to make repairs, but has no legal duty to make the repairs, your options are:
- Live with the problem.
- Fix it, at your own expense,
with the landlord's permission.
- Move out at the end of the lease term after giving proper notice.
If your landlord has a legal duty to make the repairs, you have certain legal remedies, which are described below. Warning: If you insist that your landlord make repairs, he/she may try to evict you or sue you for money. You should be prepared to prove your case in court. Unfortunately, there is no guarantee that the Court will find in your favor.
Steps You Can Take
- Take pictures of the needed
repairs and write on the back of the pictures the date they were taken
and what they show, such as "broken porch railing." Have witnesses
look at the needed repairs and make notes about what they see and
when they saw it.
- Send a letter
to your landlord notifying him/her of the needed repairs. Keep a copy
of the letter for your records.Take the letter to the Post Office
and mail it by certified mail, return receipt requested. The Post
Office will give you a white receipt when you mail the letter, and
a green receipt after the letter is delivered. Keep both receipts
for your records. If you are facing an emergency, such as no heat
in the winter, and you need the problem fixed immediately, you may
want to do Step 3 before Step 2. (If you live in Public Housing, you
have the right to request a Grievance Hearing.)
- If the premises are unfit,
you may notify the Allegheny County Health Department at (412) 350-4046,
and request that it inspect the premises and issue the landlord a
citation demanding that the premises comply with building codes.
- If the premises are unfit
and your landlord has ignored the above steps, you may select one
or more of the these options:
- You may move out and
stop paying rent.
- After giving advance
notice to the landlord, you may make reasonable, necessary repairs
at your own expense and deduct the cost from the rent. The cost
must be reasonable and cannot exceed the amount of rent owed for
the balance of the lease term. For example, if you have 4 months
remaining on a one year lease, and your rent is $400 per month,
you cannot deduct more than $1600 for repairs. Here's another
example: if you have a month to month lease and your rent is $400
per month, you cannot deduct more than a total of $400 from your
rent for repairs. If you plan to hire a repairman to make the
repairs, you should get two written estimates from qualified repairmen,
who are not your relatives or friends. Select the most reasonable
estimate. Show a copy of the estimate to your landlord and invite
the landlord to arrange for the repairs himself/herself. If you
landlord still refuses to make the repairs, and you are forced
to pay for the repairs yourself, get a signed receipt. Then send
your landlord a copy of the receipt along with a letter explaining
that you have deducted the cost of the repairs from the rent.
- You may withhold all
of the rent if the entire premises are unfit for human habitation,
or you may withhold part of the rent if part of the premises are
unfit for human habitation. If your landlord sues you, a District
justice or a judge will decide if you withheld too much. So, if
you withhold any rent, put it into a savings account so you will
have the money just in case you need to pay part or all of it
to the landlord to stop the eviction.
- If the Health Department
decides that the premises are unfit, the Health Department may
allow you to pay your rent into the Health Department's escrow
account for up to 6 months until the landlord makes the required
repairs. As long as you are paying your rent into the Health Department's
escrow account, your landlord cannot evict you. The bad part about
this option is this: if the landlord makes the required repairs
before the end of 6 months, the Health Department must turn over
all the money to the landlord, even if you have been living in
horrible conditions for months.
- You may sue the landlord to recover all or part of the rent paid in the past while the premises were entirely or partly unfit for human habitation.
- You may move out and
stop paying rent.
Main Office: 928 Penn Avenue
Pittsburgh, PA 15222-3799
Telephone: (412) 255-6700
Toll-Free: 1-866-761-6572
Fax: (412) 355-0168


