Tenants suggesting unit is not habitable, escrowed rent

[Tyler Hahn]

Hey, I have a triplex in PA where one tenant is suggesting their unit is not habitable, yet I think it is.

Quick Backstory: I bought the house 2/2021 and inherited these tenants. The lease ended 11/2021 and we went MTM after that because they suggested they were planning to move out ASAP. The next month 12/2021 they pay about 90% of the rent and give me a letter stating windows and doors need done asap. As well as the stair railing needing fixed and a hole in the floor being fixed. The stair railing absolutely needs fixed as it would be a safety issue.

Anyway, a month goes by and they withhold 1/2022s rent in an escrow saying I didn't make the fixes in their letter. I agree they should be able to repair and deduct for the railing. But,they smoke inside (against the lease) and therefore I have said I wouldn't replace doors and windows with them doing that because of additional damage it causes.

Other than that, when they didn't pay that would've broken our lease I would've thought. But also, would I be able to have an inspector come in and look at the doors/windows/hole to see if they affect habitability? Would that be enough to say in court that they can't withhold for those issues.

Any suggestions? Thanks!

[Caroline Gerardo]

A mistake to allow tenants to do repairs, sets a precedence you should not cross. Fix the rail today. Start eviction today. Take photos today.