Results 1 to 5 of 5
  1. #1
    Join Date
    Nov 2007
    Posts
    3

    Angry Can Landlord Be Held Accountable For a Rent Error In The Lease, in Pennsylvania

    So my landlord is very delinquent and shirking in all of his duties. He refuses to respond to any of our requests for services or fix any of the problems with this apt or the one above. As a means to leverage him to take action I want to know if I can hold the following against him. I refer to a mistake he made in the lease which states (exactly):

    RENT: The total term rental is the sum $ 1175.00 (ONE THOUSAND ONE HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS) which is payable in advance without setoff, deduction or demand, in equal monthly installments of $1175.00 (ONE THOUSAND ONE HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS) on the first day of each calendar month during the term of this lease except, that rent for the first month shall be paid to the lessor simultaneously with the signing of this lease.
    In particular, I want to know if he can be held accountable for the total term rental being specifically stated to be $1175 (an not $14,100 as it's supposed to be). The occupancy terms state the total term is 12 months. If so, I'd even consider leaving the premises since I've paid the 4x the total term already (lived here for 4 months).

    Also, it states:

    SERVICES: The Lessor shall provide grass cutting service.

    The Lessor shall not be liable in any manner for the failure to provide or for the delay in providing any such service for any cause whatsoever beyond the Lessor's control. No such delay or failure to furnish any such service beyond the Lessor's control shall give cause to the Lessee to suspend in whole or in part the rental payment due or cause the Lessee to seek damages or abatement of rent under the implied warranty ruling.
    Does that clause preclude him from any landlord responsibility, such as conducting necessary fixes in a timely manner? Can I actually sign away my rights to claim damages under Implied Warranty of Habitability?

    My biggest complaint is that we signed the lease before the previous tenants vacated. When they did, the place was a wreck and the landlord held them accountable for nothing, leaving the damages on us. He now claims that we signed the lease and accepted conditions that we could not have been privy to at the time of signing. He also refuses to give us the water bill, instead giving us handwritten letters claiming what the price is, but not a single official bill has been given to us. Can I refuse to pay them based on the amount being just hearsay from the landlord?

    This whole ordeal with him is very very frustrating and I don't know if I have legal case to take against him yet.

    Thank you very very much to anyone who can help get me started or pointed in the right direction before I'm forced to pay for a lawyer (poor college student here).

    [Edit]
    I just noticed he put the "For Rent" sign back out. I know the guy upstairs was determined to find a peaceful solution to his landlord woes. I really think he want to try and push me out.

  2. #2
    Join Date
    Nov 2007
    Posts
    3

    Default Re: Can Landlord be held accountable for this error? - PA State

    [It appears I'm unable to edit my first post anymore.]

    After talking with my upstairs neighbor it appears that the "For Rent" sign was for him. He put a portion of this month's rent into an escrow account to be distributed when the landlord performed a single rennovation he promised (unfortunately it was upon these promises, agreed to verbally, that convinced him to rent the apt). The landlord wrote him a notice saying he owed a late fee. The renter didn't want to pay it until he spoke with the landlord, who refuses to communicate. Now he mailed him a notice giving him until the end of the month to vacate the premises.

    I think he'll do the same to me since I gave him the rent late since he said he'd come by and pick it up over the weekend. He didn't return my phone call beforehand where I asked if he was still coming, then he didn't show and claimed that I owed him the fee and that he never received my messaged (that I have a record of).

    It is our belief he merely intended these two apts to be "easy money"; he wouldn't have to put any work into it and would use the lease as a weapon to defend his lack of action (timely or otherwise). If we called him on anything he'd hit us with late fees or breach of contract and try to evict us.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can Landlord be held accountable for this error? - PA State

    Quote Quoting kannaguchio
    View Post
    In particular, I want to know if he can be held accountable for the total term rental being specifically stated to be $1175 (an not $14,100 as it's supposed to be).
    When there's an obvious clerical error in a contract, it's obvious what was intended, and there's a history of the parties acting in accord with their obvious intent, any court asked to do by a party subsequently seeking to enforce the contract can be expected to grant "reformation" of the contract - that is, to judicially amend the contract to accord with what the parties actually intended the contract to say.
    Quote Quoting kannaguchio
    View Post
    Does that clause preclude him from any landlord responsibility, such as conducting necessary fixes in a timely manner?
    From what you have quoted, the language seems to relate only to grass cutting services.
    Quote Quoting kannaguchio
    Can I refuse to pay them based on the amount being just hearsay from the landlord?
    What does your lease say about utility bills? Is there one bill for all tenants, which the landlord divides?

  4. #4

    Default Re: Can Landlord be held accountable for this error? - PA State

    In Texas the tenant can deduct up to $500 a month from rent to pay for repairs. The tenant can also sue the landlord for up to $2500 for each violation of the landlord tenant law.

    I am in Ajijic Mexico now and I also have a lease that was written incorrectly like yours. According to my lease, I only had to pay three months rent for the whole year.

    Your state statutes should be one the internet. Find landlord/tenant laws usually under the property code. There should be fines against a landlord who violates the statutes such as improper window locks, repairs, etc. Send the landlord a letter demanding whatever you want with a list of his violations and how much the violations will cost him. He'll probably be thrilled to be rid of you. In Texas, I had a neighbor's landlord violations up to about $50,000. That landlord was overjoyed to let him move.

    Pam

  5. #5
    Join Date
    Nov 2007
    Posts
    3

    Default Re: Can Landlord Be Held Accountable For a Rent Error In The Lease, in Pennsylvania

    In lieu of finding any specific building violations to hold against this guy, what might you do just to get the landlord to come over and speak with you, assuming that each time any tenant has asked that small favor he never responded? It is very clear he expects the lease to grant him immunity to anything we might try and hold against him and thus is refusing to communicate whatsoever.

    It's clear he's not upholding the landlord responsibilities (which I intend to look up and specify) but I wouldn't want to claim something like that before he is here in person where we can work something out.

    1. Sponsored Links
       

Similar Threads

  1. Collective Bargaining: Union Not Held Accountable for Negligence
    By fedco03 in forum Employment and Labor
    Replies: 6
    Last Post: 09-18-2010, 07:29 PM
  2. Security Deposits: Security Deposit Held for Prior Rent Landlord Agreed to Reduce
    By dustin72 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-12-2010, 10:50 AM
  3. Emancipation: Parnets Being Held Accountable for a Child Not with Them
    By nothingfatal in forum Juvenile Law
    Replies: 1
    Last Post: 02-05-2010, 10:59 AM
  4. Can a Bad Driver's Employer Be Held Accountable
    By benz182 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 05-31-2009, 09:46 AM
  5. Credit Reports: Can A Person Be Held Accountable For Things They Did As A Minor?
    By theprincess098 in forum Personal Finance And Investment Law
    Replies: 2
    Last Post: 05-10-2008, 01:05 PM
 
 
Sponsored Links

Legal Help, Information and Resources