City inspection due to tenant complain.

[Patricia Luna]

I have a rental in Harrisburg, PA. And was given a notice of code violation by a city inspector, due to a complained filed by my tenant.

This is what I am being adviced to repair:

1) Door not lacking completely.

2) Leacking on second floor ceiling(is mot a roof issue, it is a 3 story property)

3) A collapsing fence ( not really collapsing)

4) Peeling throught the dueling (wall paper in one bedroom is separating) 

5) A kitchen countertop needs to be tighten,( a corner needs to be re screwed) 

6) Roaches and mouse infestation,

This issues were not communicated  to me by tenant, except the one about the fence,  in April, a contractor was hired to repair it but tenant cancelled the  appointment the night before and  when I tried again, in June, she disagreed due to her recent baby's delivery.  She is very difficult to schedule appointments with, needs to be  always  present. so since the fence was holding up and the "collapsing" she complained about was really a need of reinforcement, I did not insisted.

About the infestation, as is stated in the lease, pest control is her responsibility. 

There is no trail of a formal repair requests from her, since she never wanted to use the form I instructer her to use, all communication had been throught text messages or phone calls. Most text messages are mine, trying to schedule appointments that work for her.

After the city's notice, I was at the house with a contractor, there I found out she replaced the refrigidaire with one she bought and I saw mine in pieces in the back yard. She also asked me what to do with it "because she was told that cannot get rid of it" I replied that she can trow it away since is trash now but the replacement needs to stay at the property when she moves out because it became mine. She disagreed. 

The contractor was ready to start the work on Thursday 8/31 st. but she was not available due to an appointment at her daughters school. and insisted that the work needed to be done on Saturday because she had family over on Sunday.

Althought The contractor was available, but the 2 other people were not (knowing how difficult is to work with her, he wanted to complete the work in one day with 2 other men). He also offered Friday, I am still waiting on her response.

In the meantime she is holding my August rent, which she did not formally notified me, or if she is keeping it in an scrow account, I am assuming she is not, but  since our lease contract contemplates a waiver for any pre judicial notice I proceed to file an eviction case at the MDJ court. The hearing will be held on 9/12.

The lease expired on 12/14/16 and we are on a month to month lease.

Here Is my questions

Was she legally entitled to hold the rent ?

At first I filed the complained at the court because I wanted my rent but now I want her evicted on the grounds of: unpaid rent, replacing an appliance without the landlord's consent and pest infestation. 

Do you think I will be successful? 

Althought pest control is her responsability, should I hire an exterminator and claim the reimbursment at court? Or I should make prevail the lease stipulations with the inspector? 

About the inspection:

Is the city legally allowed to intervine in landlord-tenant issues with no documented proof of the landlord being communicated of needed repairs? 

Thank you in advance for all your responses, I really appreciate them. 

[Mike Cumbie]

Hi @Patricia Luna,

Couple points. Your lease should not stipulate that she has to be home to repair. You should have listed that you will give her notice. That is what is required is notice, not permission. Sure try and be respectful however you have a property you are legally required to maintain.

My guess is she is planning on hanging on as long as she can without paying and this is the first step in that process. Keeping you from evicting her because it will be considered as retaliation (unless of course she does not pay in which case start that ASAP). So I would schedule the repairs, post notice of her responsibility for pest control and inform her if it is not taken care of in X days that you will be sending out an exterminator and it will be added to her rent. She has been controlling this relationship and you need to get a handle on it or things will get a whole lot worse before they get better.