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.
Quakertown, PA
Quakertown Borough Ch. 10, Part 1 (General Nuisances) prohibits using property or operating business to cause noise that annoys residents or interferes with ...
Quakertown, PA
Quakertown Borough Ch. 10 prohibits construction, excavation, trenching, or heavy equipment operation on Sundays and legal holidays. On other days, construct...
Quakertown, PA
Quakertown Borough Ch. 10 (General Nuisances) prohibits keeping or harboring any dog, animal, or fowl that by frequent howling, barking, or other noise annoy...
Quakertown, PA
Quakertown Borough Ch. 15 Part 3 restricts size, weight, and type of vehicles on certain roads. All vehicles must be registered, inspected, and operable. Com...
Quakertown, PA
Quakertown Borough Ch. 27 zoning requires all vehicles to be registered, inspected, and operable or kept in enclosed buildings. No specific RV parking provis...
Quakertown, PA
Quakertown Borough Ch. 27 Part 6 requires off-street parking per Table 6.1. Single-family spaces: 10 ft wide x 20 ft deep via driveway, carport, or garage. A...
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