Pennsylvania recognizes an implied warranty of habitability in every residential lease under Pugh v. Holmes, 486 Pa. 272 (1979), which abolished caveat emptor. A landlord must keep the dwelling fit for habitation. Tenants may withhold rent into escrow, repair and deduct, or counterclaim for the reduced rental value.
The warranty is a court-made rule, not a statute. In Pugh v. Holmes, 486 Pa. 272, 405 A.2d 897 (1979), the Pennsylvania Supreme Court held that "a warranty of habitability will be implied in all residential leases" and is "mutually dependent" on the tenant's duty to pay rent. To breach it, a defect "must be of a nature and kind which will prevent the use of the dwelling for its intended purpose to provide premises fit for habitation by its dwellers." Remedies are three-fold: the tenant may surrender possession and end the rent duty, remain and repair-and-deduct repair costs from rent, or remain and withhold rent, depositing it in escrow until the unit is certified fit. The warranty cannot be waived.
Tenants may withhold rent into escrow, repair and deduct, terminate the lease, or counterclaim for rent abatement measured by the reduced rental value during the defective period. A breach is also a defense to a landlord's eviction for nonpayment.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Penn Hills, PA
Recreational vehicles, boats, and trailers may be stored on residential property in side or rear yards only, per Penn Hills Zoning Ordinance performance stan...
Penn Hills, PA
Residential driveways in Penn Hills require a driveway permit and curb cut approval from the Public Works Department. Minimum widths and setbacks set in the ...
Penn Hills, PA
On-street parking in Penn Hills is governed by the Traffic Code (Chapter 202 codified ordinances). Parking is generally permitted unless signed otherwise; st...
Penn Hills, PA
Vehicles left on public streets or visible on private property for more than 48 to 72 hours in an inoperable condition may be tagged and towed under Penn Hil...
Penn Hills, PA
EV charging stations on private property follow the PA Uniform Construction Code and National Electrical Code; a Penn Hills electrical permit is required for...
Penn Hills, PA
Commercial vehicles over 1 ton or with commercial markings cannot be parked overnight in residential districts per the Penn Hills Zoning Ordinance. One servi...
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