If I had to have my gas cut off in my house because of faulty hook-ups so I have no heat and no cooking gas, what are my rights?

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If I had to have my gas cut off in my house because of faulty hook-ups so I have no heat and no cooking gas, what are my rights?

There were also carbon monoxide leaks. I am currently staying at my mother’s house. This will have me out of my house for a week can my rent be prorated for the time I’m not staying there? Also, he told me I can stay in the house just get space heaters but I still will have no cooking gas. Is that legal?

Asked on November 14, 2012 under Real Estate Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Every lease as what is known as an "implied warranty of habitability".  Basically, this means is that if your rental is rendered inhabitable (i e. unliveable), as a tenant you have certain rights:

  • Repair and deduct - You can fix the problem and charge the landlord for reimbursement;
  • Withhold Rent - You can withhold any further rental payments until the heat/cooking gas is restored; or
  • Terminate your lease - You can choose to end your tenancy and move.

You can have your rent pro-rated, as well as hold your landlord liable for reimbursement of any expenses incurred as a result of your move. However, before pursuing any of these self-help measures you need to consult with an attorney who specializes in landlord-tenant cases. If you do not follow the proper procedures for attempting any of the above remedies you could be held financially liable.


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