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  1. #1
    Join Date
    Jul 2014
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    4

    Default How Quickly Must a Landlord Remove a Fallen Tree Limb

    It has been 20 days since a tree limb has fallen in the patio area. It completely covers the patio and I can not use it. I usually use the patio daily and have social gatherings on the weekends. The landlord said an estimate was received, but was too expensive, so a 2nd estimate was being sought after. I understand 30 days is a reasonable amount of time, and in no way is the limb disturbing anything in the interior part of the property. But it is extremely annoying that I can't use the patio. Do I have the right to have the limb removed after 30 days, then submit the receipt and deduct that amount from my next month's rent, without the consent of my landlord?

  2. #2
    Join Date
    Dec 2012
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    1,026

    Default Re: How Quickly Must a Landlord Remove a Fallen Tree Limb

    Depends on what state you live in as to whether even the issue of "repair and deduct" is possible, although it's also questionable as to whether this is even a repair issue in the first place.

    Gail

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How Quickly Must a Landlord Remove a Fallen Tree Limb

    Quote Quoting lheid8342
    View Post
    It has been 20 days since a tree limb has fallen in the patio area. It completely covers the patio and I can not use it. I usually use the patio daily and have social gatherings on the weekends. The landlord said an estimate was received, but was too expensive, so a 2nd estimate was being sought after. I understand 30 days is a reasonable amount of time, and in no way is the limb disturbing anything in the interior part of the property. But it is extremely annoying that I can't use the patio. Do I have the right to have the limb removed after 30 days, then submit the receipt and deduct that amount from my next month's rent, without the consent of my landlord?
    "My question involves landlord-tenant law in the State of:"

    That sentence was prominently displayed when you opened up the space to post a new question. Did you think it was there just to look pretty?

  4. #4
    Join Date
    Jul 2014
    Posts
    4

    Default Re: How Quickly Must a Landlord Remove a Fallen Tree Limb

    Quote Quoting adjusterjack
    View Post
    "My question involves landlord-tenant law in the State of:"

    That sentence was prominently displayed when you opened up the space to post a new question. Did you think it was there just to look pretty?
    No I didn't think it was there to look pretty. I
    typed PA when the question popped up. I couldn't tell you why it isn't there.

    - - - Updated - - -

    I live in PA.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: How Quickly Must a Landlord Remove a Fallen Tree Limb

    Seriously, if you want it removed quickly, cut it up with a saw and move it. This is not a major lease issue.

  6. #6
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: How Quickly Must a Landlord Remove a Fallen Tree Limb

    Pennsylvania does allow a tenant to go the "repair and deduct" route if a landlord does not adequately address a repair issue and failure to do so affects the habitability of the rental unit:







    THE IMPLIED WARRANTY OF HABITABILITY

    The Pennsylvania Supreme Court adopted a law called the "implied warranty of habitability" law to ensure that tenants have safe and decent housing. This means that every landlord in Pennsylvania must make the repairs needed to keep the rental housing in a safe, sanitary and liveable condition. The law does not require that the landlord provide a perfect dwelling. A landlord is not required to provide paint to beautify the rental housing. The landlord is not required to repair damages caused by the tenant. Only serious defects are covered under the law. For example, a badly leaking roof, a broken furnace, plumbing that doesn't work, broken floors, dangerous wiring or lack of water are all things that must be repaired by your landlord. If the landlord does not make the repairs, then the implied warranty of habitability gives tenants the right to repair defects and deduct the cost from future rental payments.

    The implied warranty law applies to all oral or written rental leases for apartments, houses, mobile homes or other dwellings in Pennsylvania. The right to safe and decent housing cannot be given up in the lease. The landlord must provide you with safe and decent housing, even if you sign a lease that says that you take the apartment or house "as is."

    HOW TO REPAIR AND DEDUCT

    You have the right to deduct the cost of necessary repairs from future rents if the landlord fails to make repairs. To protect your rights under the implied warranty law, you must complete the following steps:

    Step 1 - Tell the Landlord About the Problem. Tell your landlord, in writing, what the problem is and what you plan to do about it. For example, tell your landlord that you will withhold your rent if he/she does not make the requested repairs. Send a letter by certified mail. Keep a copy of the letter to prove that the landlord was notified. A sample letter is provided in this brochure.

    Step 2 - Allow Your Landlord Time to Repair. The law gives your landlord a reasonable amount of time to make the repairs. The amount of time depends on the seriousness of the defect. If it is an emergency, the landlord is required to act quickly. For example, if you are without heat in the winter, it is reasonable to expect the landlord to provide heat within 24 hours. In the case of a non-emergency the landlord would have more time. For example, the landlord may have 30 days in which to repair a furnace during the summer months.

    Step 3 - Show That the Landlord Did Not Make Repairs. It is important to give the landlord notice and to have evidence that the landlord did not make repairs. A copy of the letter sent to the landlord can be used as evidence; so can pictures, witnesses, or the report of a housing code inspector.

    Step 4 - Repair and Deduct. If the landlord does not make the repairs, you can repair and deduct. You should not repair and deduct for repairs that exceed the monthly rent. If the rent is $300.00 per month, then the amount deducted for the repair should not exceed $300.00. Seek legal help if the repair is costly.

    The amount paid for the repair must be reasonable. If you are sued in court by the landlord for nonpayment of rent, you may have to pay the landlord the amount that the court found unreasonable. The court will not hold a landlord responsible for a repair(s) that cost(s) an excessive or unreasonable amount of money. Shop around for a repair person. Get a couple of estimates before having the repair made. After the repair is made, send a copy of the receipt for the repair to the landlord with the next rental payment, less the cost of repairs. Keep a copy in your records.

    Remember the repair must fix a defect that affects your right to safe, decent housing. The court will not require the landlord to pay for a cosmetic repair.


    SAMPLE NOTICE LETTER

    Date

    Dear (Landlord's Name):

    I am your tenant at (tenant's address). I am writing to notify you of repairs that are needed in my home. The specific problems which must be repaired include: (Fill in the problems. The following are only examples.)The furnace is broken, there is no hot water.

    These conditions are serious and make my home unfit for my family. I would appreciate it if you would repair the furnace as soon as possible. If the furnace is not repaired within 24 hours, I intend to exercise my legal right to repair the furnace and deduct the amount from the rent. If there is no supply of hot water in five days, I intend to exercise my legal right to have the(problem) repaired and deduct the amount from my rent.

    Sincerely yours,

    (Your signature)






    Your problem is that this tree limb does not affect the safety, sanitary condition or livability condition of the rental property. It's more of an annoyance to you at the moment. If you attempt the repair and deduct you may face the possibility of an eviction by the landlord for doing so.
    In addition, less than a month may be a very reasonable period of time to wait to get this limb taken care of should this matter end up in court.

    Gail

  7. #7
    Join Date
    Jul 2014
    Posts
    4

    Default Re: How Quickly Must a Landlord Remove a Fallen Tree Limb

    When a different limb had fallen after an ice storm this past winter, I bought a chainsaw and I did cut it up myself. But this limb is too big and is still partially attached to the trunk, and that part is way to high for me to attempt to climb a ladder to reach. The other limbs are also dead and are hanging above the roof. One good gust of wind and the tree will fall on the roof, right above my bedroom. I notified the landlord on July 6th of the problem and as of yet has only said she got an estimate. Technically the house is habitable because it hasn't hit the roof yet, but in my opinion is not very safe. Am I within my legal right to send a letter to her on August 6th, stating that if repairs are not done by my next months rent due date (August 14th), that I will have the repairs done myself and deduct them from the rent? The landlord has moved to the west coast and doesn't seem to care much about what goes on here. And has not responded to earlier minor repairs, so I've just paid for, or taken care of them myself, and avoided the aggravation. But this exceeds what I'm capable of doing myself and the cost is too high to just overlook the expense. I just don't want any legal difficulty and can't afford to seek legal advice.

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: How Quickly Must a Landlord Remove a Fallen Tree Limb

    It appears the issue treads the line between a cosmetic and a safe dwelling issue. I would consult the local building inspector for advice as well as send pictures.

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