Category Archive: I need repairs

  1. I am a survivor of domestic violence. What housing rights do I have?

    Comments Off on I am a survivor of domestic violence. What housing rights do I have?

    Can I be evicted for domestic or sexual violence?

    No. The Philadelphia Unfair Rental Practices Ordinance makes it illegal for your landlord to evict you, raise your rent or refuse to make repairs because you are a victim of domestic violence or sexual assault. However, you can still be evicted for not paying rent.

    What should I do if I am being evicted?

    Send your landlord a letter explaining that you are a victim of domestic or sexual violence and that Philadelphia law makes it illegal for them to evict you because of domestic or sexual violence. If your landlord will not listen, you can file a complaint with the Philadelphia Fair Housing Commission or get legal help.

    Can I break my lease to escape violence?

    Yes.  Within 90 days of a reported incident (such as a hospital visit, call to 911, filing for a protection order, etc.), send your landlord:

    • A letter stating that you will be moving in 30 days. (download sample)
    • Include with your letter at least one form of proof such as a police report, protection from abuse order or letter from a health care professional, guidance counselor, or victims’ services organization.

    Can just the abuser be evicted?

    Yes, under Philadelphia law, you can ask your landlord to split the lease and evict your abuser, letting you stay. You would become responsible for paying the full rent. Your landlord does not have to agree.

    Can I be evicted for calling the police?

    No, your landlord cannot evict or punish you for calling the police to protect yourself or a family member.

    What if I live in subsidized housing?

    If you live in Section 8 Voucher, HUD or public housing, you are protected by the Philadelphia Unfair Rental Practices Ordinance and the Violence Against Women Act (VAWA). You cannot be denied admission or evicted because of domestic violence, sexual assault, dating violence or stalking. You also can’t lose your voucher if you break your lease to escape violence. You may be asked to complete a Self-Certification of Domestic Violence.

    You may also be entitled to an emergency transfer if you or a household member are experiencing domestic violence, sexual assault, dating violence, or stalking.

  2. My rental property is going through foreclosure or sheriff sale. What are my rights?

    Comments Off on My rental property is going through foreclosure or sheriff sale. What are my rights?

    How does foreclosure work?

    If your landlord does not pay the mortgage or taxes, the bank or city may try to sell the property through a Sheriff Sale.  Here is the process:

    • Bank or City will send a Notice giving the landlord a chance to pay.
    • Bank or City may file a Complaint in the Court of Common Pleas.
    • Bank or City may obtain a Judgment allowing the property to be sold.
    • Property may be sold at Sheriff Sale.

    What happens to my lease after a Sheriff Sale?

    Tenants have some rights after a Sheriff Sale. To prove you are a tenant, be sure to save your lease and rent receipts.

    • For Mortgage Foreclosure
      • All tenants have the right to 90 days’ notice of intent to evict.
      • Most tenants have the right to stay until the end of the written lease term.
      • Most Section 8 Housing Choice Voucher tenants may keep their lease.
    • For Tax Foreclosure
      • Tenants may have the right to stay for up to 9 months.

    What happens to me?

    The bank or new owner may try to force you to move by filing a Complaint in Ejectment. Review our article on Complaint in Ejectment to learn more about this court process and how you can defend yourself.

  3. Can I Withhold Rent?

    Comments Off on Can I Withhold Rent?

    Does my landlord have to make repairs?

    As a tenant, you have a right to a safe and habitable rental property. This right is called the Implied Warranty of Habitability and is implied in every lease agreement.  You can withhold rent if the landlord does not make repairs that are necessary to keep your rental property safe and habitable.

    For more information about how to address repair issues, visit our Repair Page.

    How do I legally withhold rent?

    You must have written proof that you told your landlord about the repair issues and gave your landlord a reasonable amount of time to make the repairs.

    You can withhold your rent, if the landlord does not make necessary repairs within a reasonable amount of time to keep your rental property safe and habitable.

    • Send rent withholding letter to landlord (download sample). Keep a copy.
    • Escrow your rent. Put your rent in a bank account or money order.

    To back up your claim that the rental property is not safe or habitable, it can be helpful to call 311 and request an inspection from the City of Philadelphia Department of Licenses & Inspections.

    How much of the rent can I withhold?

    There is no precise formula about how much rent you are allowed to withhold under the Implied Warranty of Habitability. Courts will consider factors like how bad the repair issues are and how much of the rental property was not habitable. It is common for courts to decide that some rent is due, even if the landlord did not make repairs in a reasonable amount of time.

    Can I use the rent in escrow to move?

    It is recommended that you do not use your rent in escrow for any reason. If your landlord files an eviction lawsuit against you, you want to be able to show the court that the reason you did not pay rent was due to repair issues, not because you did not have the money available.

  4. What can I do about lead paint?

    Comments Off on What can I do about lead paint?

    What can I do to keep my family safe from lead paint?

    • Keep your children away from peeling paint, chipping paint or paint dust.
    • Get your children tested for lead. Ask your child’s doctor to test for lead.  Any elevated lead level is cause for concern and action.
    • Do a home lead test. Many hardware stores sell home lead test kits for around $10. Make sure the test is EPA-approved.
    • Ask your landlord to certify that the property is lead-safe or lead-free.

    What does my landlord have to do?

    Under Philadelphia Code 6-800 Lead Paint Disclosure and Certification, every landlord in Philadelphia must:

    • Hire a qualified contractor to complete a lead test.
    • Get a lead-safe or lead-free certificate for the rental property.
    • Give a copy to you and the Department of Public Health

    I did not receive a lead-safe or lead-free certificate.  What can I do?

    • Request a Lead Certificate.  You may send a letter requesting that your landlord give you a lead-safe or lead-free certificate.
    • Withhold rent. You may withhold rent until your landlord gives you a lead-safe or lead-free certificate.
    • Call the Department of Public Health at 215-685-2788 and ask if there is a Lead-Safe or Lead-Free Certificate on file.

    What rights do I have if my child has been lead-poisoned?

    Under Philadelphia Code 6-403 Lead Paint and Other Lead Hazards, if a child has a lead level of 3.5 micrograms per deciliter or higher, the Health Department is required to:

    • Test the property where the child is living.
    • Direct the Department of Licenses & Inspections to take away the owner’s rental license.
    • Require the owner to remediate the lead paint.

    For rental properties, the owner, landlord or agent for the owner may not:

    • Retaliate against the tenant.
    • Evict or attempt to evict.
    • Change the terms of the lease.
    • Collect rent or attempt to collect rent.
    • Rent the property to anyone else until the lead paint has been remediated.

    If a landlord takes any of actions listed above, the tenant may:

    • Sue for actual damages, not less than three times the monthly rent plus attorney fees and costs.

    I heard there could be lead in the water.  What can I do?

    Call the Philadelphia Water Department 215-685-6300 to schedule a free lead test appointment.

  5. How do I renew my lease?

    Comments Off on How do I renew my lease?

    I want to stay in my rental property.  How do I renew my lease?

    If you have a written lease, you should read it carefully to understand if your lease automatically renews after the initial lease term.  If you do not have a copy of your lease, your landlord should provide you with a copy.  If you have more than one lease, the one in effect is the most recent one that you and your landlord signed.

    To remain in the property after your lease term is up, here are your main options:

    1. You may sign a new lease with your landlord.
    2. Your lease may automatically renew.

    Will my lease automatically renew?

    Most written leases will say if the lease automatically renews. The lease may automatically renew for the original term or a new length of time.  For example, a one year lease may automatically renew on a month to month term.

    If your lease does not say if lease automatically renews and your lease term has expired, the new lease term will become based on how often you pay rent.  For example, if your one-year lease expired and you stay in the property and continue to pay rent every month, then your new lease term is month to month. The same terms as the original lease apply.

    To stop a lease from automatically renewing, the landlord or the tenant can give notice stating that they do not want to renew the lease. The amount of notice required varies widely from lease to lease.  For information on ending a lease before it renews, click here.

    Is my landlord required to renew my lease?

    Most private landlords are not required to renew the lease.  If your landlord has decided not to renew your lease, you do not have a right to renew the lease and stay in the property.  However, if you live in HUD, Low Income Housing Tax Credit or public housing, you do have a right to renew the lease.

    For information about rent increases at lease renewal, click here.

  6. How do I get more information about my rental property?

    Comments Off on How do I get more information about my rental property?

    Who owns the property?

    • Visit property.phila.gov and type in your address to obtain information about property ownership.
    • The information provided may not include recent property transfers.

    Does the landlord have a rental license or code violations?

    • Visit li.phila.gov/property-history and type in your address to obtain information about licenses and violations.
    • Rental licenses will appear under “Business Licenses” as “3202 Rental.” Click on each license number to see if the license is current.
    • Code Violations will appear under “Violations.” Click on each case number to see the violations and whether they are marked complied.
    • The information provided may not include recent licenses or violations.

    Are there any other resources?

  7. Can I file a Fair Housing Commission Complaint?

    Comments Off on Can I file a Fair Housing Commission Complaint?

    What is the Fair Housing Commission?

    The Fair Housing Commission is a city agency empowered to enforce the Philadelphia Fair Housing Ordinance.  The Commission hears complaints against landlords who engage in unfair rental practices.

    What are some examples of Unfair Rental Practices?

    When can I file a complaint?

    • You can file a complaint whenever the landlord has engaged in an unfair rental practice.
    • If your landlord already filed an eviction complaint against you in Municipal Court, then you cannot file a complaint with the Fair Housing Commission. However, you can raise unfair rental practices as a defense in Municipal Court.

    Where Should I Go to File a Complaint?

    What documentation could I gather for a Fair Housing Commission hearing?

    • Proof that you set aside (escrowed) your rent, if you did not pay rent.
    • Your lease agreement
    • Any written communication with the landlord including letters, emails or text messages.
    • Lease Termination Notice or Notice to Quit
    • Department of Licenses & Inspections (L&I) code violation, inspection report or service file number.
    • Photos of code violations or unfair rental practice.

    What can the Fair Housing Commission order?

    The Fair Housing Commission has the power to:

    • Order that an eviction notice or rent increase notice is invalid.
    • Order no retaliation or change of lease terms for up to one year.
    • Order an abatement of rent (reduction of rent owed) for a period of non-compliance with license or repair issues.
    • Order a landlord to restore access or habitability after an illegal eviction.
    • Fine a landlord up to $2000 for each unfair rental practice payable to the City of Philadelphia.

  8. How do I sue my landlord?

    Comments Off on How do I sue my landlord?

    What can I sue my landlord for?

    Common claims against landlords include:

    1. Lost or Damaged Items.  If your belongings were lost or damaged due to your landlord’s action or inaction, you may sue for the cost to replace items that were lost or damaged.
      • Example: A pipe bursts in the apartment above you and floods your bedroom.  Your mattress is ruined.  You may ask that the landlord pay for the cost to replace your mattress and dresser.
    2. Rent Abatement.  If you requested repairs in writing, and your landlord did not make the repairs in a timely manner, and your property was not habitable or only partially habitable for a period of time, you may sue for an abatement (reduction) of your rent for the period of time that the property was not habitable or only partially habitable.
      • Example: In January you ask your landlord by email to repair your heater.  In April your landlord completes the repair.  You may ask that the landlord abate your rent a certain amount (perhaps $400 each month) for the 3 months you lived in the property without heat ($1200 total).
    3. High Utility Bills.  If you got high utility bills after telling your landlord in writing about repair issues related to that utility, you may sue your landlord for the difference between a normal bill and the high bill(s).
      • Example: In May you text your landlord requesting they repair a leaky toilet.  In July, your landlord completes the repair.  Your water bill for June is $250.  Your water bill is usually $100.  You may ask that the landlord pay $150 for the high water bill for the period of time that the reported leak was not repaired.
    4. Emergency Repairs.  If you paid for emergency repairs after telling your landlord about the emergency repair issue, you may sue your landlord for the cost of labor and materials.
      • Example: The sewer line cracks and sewage starts flowing into your basement. Your landlord does not respond to phone calls, emails or text messages.  You call an emergency plumber and pay them $500 to repair the sewer line.  You may ask the landlord to pay you for the cost of the repair.
    5. Emergency Accommodations.  If you can not physically remain in your rental property due to an emergency that you did not cause, you may sue your landlord for the cost of meals and accommodations.
      • Example: There is an electrical fire in the basement due to old wiring, and you must leave the property.  You stay in a hotel for 5 days while the landlord makes repairs.  You can demand that the landlord pay you for the cost of the hotel room and meals you ate while you were displaced from the property.
    6. Lead Safe or Lead Free Certification.  If your landlord was required to provide you with a lead safe or lead free certificate and didn’t, you may sue for all rent paid before you received a Lead Safe or Lead Free Certificate as well as $2000 exemplary damages. Visit What can I do about lead paint? for more information.
    7. Security deposit.  If your landlord kept your security deposit without good cause, you may sue for your security deposit. Visit How do I get my security deposit back? for more information.

    What steps do I need to take before filing in court?

    1. Be careful! Be sure that:
      1. You did not cause the damage related to your claim.
      2. You do not owe the person or business more money than the amount in your claim.
    2. Collect evidence. This includes documents, photos, receipts and witnesses that show that the person or business owes your money.
    3. Send a demand letter.  It is best to send one copy certified mail, one copy regular mail and keep one copy for yourself.

    What should I include in a demand letter?

    Fill out this Small Claims Demand Letter Template to make sure that you don’t forget to include any important information. Or follow these steps to write your own demand letter:

    • Include your name and address.
    • Include the name and address of the person or business you want to sue.
    • State your claim.  If you are making more than one claim, be sure to:
      1. List each claim.
      2. List the amount you believe you are owed for each claim.
      3. Add up the amounts of all the claims.
    • Include a short statement of why you believe that you are entitled to money for each claim. Be sure to provide enough information so that the person or business knows why you are demanding money.

    How do I file a Small Claims Complaint?

    If the person or business does not comply with your demand, here is the process to file in court:

    1. Go to Municipal Court at 1339 Chestnut Street, 10th floor.
    2. Ask to file a Small Claims Complaint. State how much money you are claiming. Include exhibits such as the lease, your evidence and your demand letter.
    3. Ask to file a Petition to Proceed In Forma Pauperis (IFP). If the IFP is granted, you will not have to pay filing fees.

  9. I have a disability. Can I get a reasonable accommodation?

    Comments Off on I have a disability. Can I get a reasonable accommodation?

    If your disability is impacting your housing, your landlord may be required to help. You just have to ask.

    What is a reasonable accommodation?

    Any change to polices, practices, procedures or services to allow accessibility and equal opportunity for a person with a disability.  Examples include:

    • Installing ramps and hand railings to make a house wheelchair accessible.
    • Changing the date rent is due to coincide with the date you receive your disability check.
    • Allowing you to use a different entrance or park in a specific parking spot because of mobility issues.
    • Helping you transfer if your home is unsuitable due to your disability.

    What is reasonable?

    An accommodation request is reasonable if:

    • Your landlord does not have to spend an excessive amount of time or money.
    • Your landlord does not have to fundamentally change the services they provide.
    • The accommodation will actually address a need related to your disability.

    Am I considered a person with a disability?

    A person with a disability is someone who has a physical or mental impairment that substantially limits one or more major life activities such as seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, speaking, etc.

    How do I request a reasonable accommodation?

    • Ask for a Disability Verification letter from a doctor, medical professional, peer support group, non-medical service agency or other reliable person who is in a position to know about your disability. The letter should state your disability and how it impacts your housing.  (Download sample)
    • Send a Reasonable Accommodation Request letter to your landlord stating your disability, how it affects your housing and what you are requesting as a reasonable accommodation. It is helpful to include a copy of the Disability Verification letter. (Download sample)
    • Discuss your request. The landlord or property manager MUST have a conversation with you about what accommodations they can offer.
    • For more information review the HUD/DOJ Joint Statement on Reasonable Accommodations in Housing.

    What are my options if the landlord refuses?

    • Seek assistance with your request from the Fair Housing Rights Center of Southeastern Pennsylvania
    • File a Discrimination Complaint with the Philadelphia Commission on Human Relations
    • Seek Legal Help.
Call Hotline
(267) 443-2500
Need Help?
Call Us