I'm currently a 1L living in Philadelphia, renting an apartment with my girlfriend. We are currently experiencing two problems with are apartment that I was hoping to get some help on. While I did what research I could through WestLaw, as a 1L I've really come to realize how little I know.
The first problem is that my landlord detached the porch about a foot from our apartment because there was a problem with the roof below it. We have asked him several times to return the porch to its previous position, ensuring that there is no gap between the porch and the apartment. The foot distance presents a dangerous situation because there is a metal protrusion from the apartment with a sharp edge and a person slipping into the gap could easily cut themselves. We have made the landlord aware of this and have done so in writing. My one worry is that the lease provides that we and our guests waive any liability for damages caused by the negligence or carelessness of of the Landlord's employees or contractors.
My question is whether the clause is enforceable and what I can do to force the landlord to move the porch against the apartment or to cover the gap?
The second issue is that my fridge has stopped working. From what I understand, this will fall under normal wear and tear (the fridge is quite old and it was not because of some action by either my girlfriend or me) and the landlord has a duty to replace or fix the fridge within a reasonable time. We have notified him by phone, and if he does not fix it by tomorrow I will notify him in writing.
However, I was wondering what is a reasonable length of time before I can have the fridge repaired or replaced and then either charge him for it or deduct it from my rent?
Thank you for your time.