Tenant not paying rent in Chester PA

[Syeda Naseem]

Rented my first rental property recently and now tenant is not paying rent. Did not pay Sept rent's and Oct's rent is over due now. She moved into the house in Aug and paid first month's rent. The house had issues and we gradually fixed them. A couple of issues remain, which includes rodent problem, which is a block wide issue. We stayed quiet in Sept because we realized that we need to address tenant's complaints however now they think that they do not need to pay us until we address everything. We spent more $3k on the house without getting a single penny and it is breaking my back. What are my options? Thank.  

[Patricia Steiner]

There are several issues here and none bode well for you as the landlord. Here's the Landlord/Tenant Laws in your state that pertain to your post:

"Property Maintenance – Tenants must keep the property clean and undamaged, and landlords have 30 days from when they are notified of any problems to fix them. Reasons a Tenant may withhold rent include:  Unsafe stairs, handrails, doors, and porches. Unable to lock the rental apartment securely. Leaking roof. Insect and rodent infestation."  There's more:

"According to Pennsylvania law – the City Rent Withholding Act – a tenant may be able to withhold rent if their apartment is “certified to be unfit for human habitation.” Hence, if there is a serious damage to the building which makes the unit uninhabitable, a tenant is within their right to withhold rent."  According to Pennsylvania law – the City Rent Withholding Act – a tenant may be able to legally withhold rent if their apartment is “certified to be unfit for human habitation.”  And, this: "Under the right to a safe and habitable home, a landlord cannot force a tenant to move into a home or unit “as-is” and cannot demand that the tenant be responsible for repairs."  A property with water running into the basement and rodents is uninhabitable due to potentially resulting health concerns.  

Bottom line: once you lease a property, you have NO choice but to provide a safe and habitable property with all deficiencies cured within 30 days.  No choice.  

I recommend that you not send a Demand Letter for rent ('the Notice to Quit for Unpaid Rent') as under the law, you're not entitled to do so.  Considering the condition of the property, I would offer 'cash for keys' and have them vacate sooner versus later before they learn that they can sue you for mold (water in basement), health issues involving the rodents and more. One call to code enforcement could lead to restriction on lease use.  

What you don't know will hurt you.  Do an online search of your state's landlord/tenant laws - and know them. Be careful how you press the tenants as you may end up with more than unpaid rent.