Can I withhold rentuntil my deck is rebuilt ?

UPDATED: Sep 13, 2011

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Can I withhold rentuntil my deck is rebuilt ?

My apartment deck was removed to repair a leak in the apartment downstairs. It is going to be rebuilt, however, it has been almost a month and they are not responding to my email inquiries.

Asked on September 13, 2011 under Real Estate Law, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the landlord and or the contractor who removed the deck to your rental has not responded to you e mail inquiries about when it will actually be rebuilt, you need to personally call each again as to its status and follow up with a hand written letter concerning its status while keeping a copy for your records.

Unfortunately, under the laws of Pennsylvania, you cannot withhold any portion of your rent to your landlord until the deck is rebuilt in that its absence is not a condition that materially affects the habitability of the rented unit.

Your last written correspondence should mention to your landlord that you rented a unit with a copleted deck and for the last month you have been paying full rent for your rental without a deck warranting a reduction in what you are paying. Perhaps this will motivate him or her to get the repair completed timely.


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