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Updated 12 months ago,

User Stats

12
Posts
1
Votes
Bill Springer
1
Votes |
12
Posts

Implied Habitablility question - PA

Bill Springer
Posted

So I had a sewer backup in a rental house. One floor/no basement.  On a slab.  Master BR carpet was affected along with a small portion of vinyl plank flooring (half the kitchen and a small area of the dining room).  Standard ops but unfortunate.  Tenants contacted me albeit not immediately. I arranged a plumber and the sewer line was cleared.  

Here’s where it gets wonky. Although I was able to rectify the sewer issue the tenant would not allow the restoration company to come in and remove contaminated material, sanitize, and dry the place out.  They withheld rent stating they would not pay until they knew the house was safe. I informed them that the restoration co. had advised that it was recommended they leave the house for a few days while they basically cleaned up and dried out. They did not have to but it was recommended.  We offered to prorate the rent and also offered to allow them to break the lease with no penalty if they felt they wanted to.  They refused both offers and continued to refuse access for the restoration to come do the clean up.  They continued to withhold rent as well.

Once it was clear they would not cooperate in getting the place cleaned up I headed to the courthouse and filed.  Fast forward one month due to some delays and I received judgement for possession as well as a money judgement for the unpaid rent. I believe their lawyer has advised them that it wasn’t a good look and they allowed access for restoration the day after the hearing but before the judgement was decided. 

Sorry for the saga above but here’s my question.  Once this one BR carpet was removed along with a small amount of vinyl plank and the fans were left for 3 days to make sure all was dried out I had about 3 weeks before I was to get possession.  I decided not to replace the carpet and vinyl plank (insurance was allowing to replace all plank throughout the house as it was continuous).  Again house is on a slab so was smooth concrete where affected flooring was removed.  I did not want to put all new flooring down just to have them damage it on the way out wether by moving belongings or for spite.


I don’t believe this falls under implied habitability standards.  Was this the right move? 


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