All Forum Posts by: Bill McCaslin

I think what may be lost on some, is the fact that the landlord verbally agreed that I was in danger due to the proximity of the houses and the people associated with next door. A deal was verbally agreed to that I would not pay to put myself in danger until the threat was removed next door. The threat has not been removed. I was lied to about removing the bad actors next door. Simply put, my landlord lied to me, placing my family in danger - therefore I am all but moved out - just now working through the balance.  I have the cash set aside, however in this case, I believe drugs, criminals, state police raids and verbal agreements are extenuating circumstances. 

I am moving. No problem there. I was considering the feasibility of not paying the balance only. A verbal agreement was made that I did not have to pay rent while his son was moving, my issue is his son has not moved since said agreement. It has been four months since my landlord told me his son was leaving. My landlord was extremely sympathetic to my plight and agreed his son would move immediately, it has been four months however, And he’s apparently now feeling the pain of those four months, therefore I am being evicted. 

A quick rundown. At the far secluded end to a Pennsylvania country lane, sits two houses, one house I've rented for 10 years, and the second house where my landlord's son and his family live and have so for about the past 18 months.  Two years ago, the previous owner passed away, and the new landlord purchased the properties, I signed a month to month lease. All good, despite a huge increase in traffic to the property - mostly in early morning hours.  

Cut to more recently- the State Police raided the property and reviewed with me the extensive criminal history of the wanted fugitive son living next door.   Theft, Burglary, Assult, Drugs, Drugs, Drugs.   

I canceled my outgoing rent check to my landlord (the neighbor's father) and spoke with the landlord on the phone.  My landlord was fully aware of his son's current legal and criminal dealings and was completely understanding and allowed rent to be foregone while his son gathered his belongings and moved out asap.  

Several months later, and his son has not permanently moved out.  I have not sent a rent check out of a failed expectation of safety since my conversation with the police.  My failed expectation of safety is rooted in the frequent early morning visitors often get the wrong house on the first try, theoretically allowing for a dope head to walk into my house at any hour, the fact that the son is still at large and we could be raided by the State Police again at any moment, and the fact that the secluded nature of the area makes our side of the property easily surveilled by the other side - which is not optimal when my wife is home alone.

My landlord is now seeking damages for the lost rent and has served me with an eviction notice.  As far as my maintaining the withheld rent goes, what are my rights?  I am more than happy to move at this point, however, I believe I may have the rights to withhold the rent balance.    Thanks for reading.