Your rights
- You do not have to take your apartment “as is”
- You have a warranty of habitability
- The landlord is responsible for all repairs that are necessary to keep the building in good condition.
- Your lease does have to be in plain language
- You may enforce your right to a habitable home by using appropriate measures. Such as arranging for an L&I inspection, repair and deduct, withholding rent, and moving out.
- Your security deposit must be returned, or a list of damages must be given to you within 30 days of your moving out. You must, however, have provided a valid forwarding address to your landlord.
- You may represent yourself in small claims court
- You may request police assistance in the event of an illegal lockout
- You are guaranteed a copy of Partners for Good Housing
Your responsibilities as a renter
- You must pay your rent on time, and in the manner agreed upon.
- You must keep your apartment clean.
- You must not change your apartment locks without written permission from your landlord.
- You must dispose of all trash in the appropriate manner in a timely fashion.
- You must not use your residence for business.
- You must report any issues with your apartment in writing, promptly to your landlord/ building manager.
- You must document any issues
- You must proactively seek out education on how to be a good renter
- You must notify your landlord during the proper time period whether you will renew, or not renew your lease.
- You must provide a forwarding address for your security deposit
- You must conduct yourself in a manner that allows for other tenants to enjoy their rights to privacy and quiet.
- You must not have anyone who is not on the lease living in your apartment. This does not include reasonable overnight guests.
- You must be responsible for any damages that are caused by you or any of your guests. Damages due to normal wear and tear are not included.
Any information given on this website is not a substitute for legal advice. If you have a legal question, please seek out legal counsel as soon as possible. Additionally, any information given is presented as a service. Drexel University Off Campus Housing does not endorse any website, realtor, apartment, or home. Drexel OCH encourages renters to be cautious and aware, and to make informed decisions when searching for housing.
For example: Your landlord can not argue that since you knew the
apartment had a bad roof he or she does not have to repair it. Their argument would be that you rented the apartment is whatever its’ condition was.
Your Warranty of Habitability is unwaivable by you and guarantees
- A safe, sound, and fit building structure.
- Heat at 68 degrees from October 1st until April 30th if the heat is not under tenant control. Heat may also be due in September. and March depending on the temperature during those months
- An apartment free from infestation.
- A private, properly ventilated, lighted, and maintainable bathroom.
- Safe cooking equipment and a sink.
- Running cold water, and the facilities for hot water.
- At least two electrical outlets per room. A light fixture may count as an electrical outlet.
- Adequate lighting in ‘public’ areas of the building
- A window that allows natural light into every room.
- That supplied equipment (refrigerator, AC unit, etc.) is kept in sound condition and good repair.
- Properly working and locking doors.
Your landlord must make repairs in a timely fashion. What is
timely is difficult to define. Lack of heat in the winter time would require immediate repair, while a broken light switch plate might be able to wait for a while.
Your lease can not contain any “legalese”. It must be written in
easy to understand language. Please note though, that just because a lease is in plain language does not mean that it is a ‘fair’ lease. Carefully read your lease, and be aware of all the terms before signing.
You have the right to arrange for a free Department of Licenses and
Inspections (L&I) inspection. If the Inspector finds any violations, he or she will notify the responsible party. That party will then be given an amount of time to correct their violation. There will then be a reinspection. If the violations have not been corrected, L&I may refer the responsible party to the Municiple Court. You may arrange for an L&I inspection by calling 215-686-2463
In some cases, there are violations serious enough that they may be detrimental to human health and safety. In these events, L&I may deem the dwelling as “Unfit for Human Habitation”. Anyone who is living in an apartment or house that has been deemed unfit will be required to move out. If you are a Drexel University student and you are required to leave your home due to it being declared unfit, please call the Office of Campus Activities at 215-895-1328. Additionally, please email offcampushousing@drexel.edu .
Be aware! Before using this remedy, you are encouraged to consult
legal counsel.
If you have written to your landlord about serious repairs that need to be made, and have given them adequate time to make the repairs, but they still have not done so you may make the repairs yourself, and deduct the cost from your rent. It would be wise to inform to landlord that you wish to take this option, in writing. Give them an adequate amount of time to respond to your letters before you repair and deduct.
Limit the amount of money that you deduct for repair and deduct. If you are spending nearly a full month’s rent on a repair, it is most likely a serious flaw that should be taken care of by your landlord.
Be aware! Before using this remedy, you are encouraged to consult
legal counsel.
If you have written to your landlord about serious repairs that need to be made, and have given them adequate time to make the repairs, but the still haven’t done so, you may withhold all, or a portion of your rent.
If you decide to use this option, you are encouraged to utilize an escrow account. Additionally, you are encouraged to only withhold a portion of your rent. You should estimate how much rent to withhold by basing it upon how much of your home you can not use. For example, if you live in a four room apartment, and there is no heat in one room you might wish to withhold 25% of your rent. You are also encouraged to write your landlord via certified mail informing them that you wish to use this option. The goal of this remedy is to get your home repaired, not to have you live rent reduced in a dilapidated dwelling.
Be aware! Before using this remedy, you are encouraged to consult
legal counsel.
In the event of a serious and dangerous breach of the warranty of
habitability, you may be able to terminate your lease and move out. This
is a remedy that may carry serious consequences. Once again, you are
encouraged to consult legal counsel before using this remedy.
In order to recover your security deposit, you must leave a
valid forwarding address with your landlord. Within 30 days, your landlord should send you a written list of any damages, that are not ‘normal’ wear and tear, along with your security deposit minus the cost of repairing said damages.
Additionally, if you have been living in your apartment for at least 3 years you are entitled to collect the interest accrued on your security deposit, minus a percentage for handling fees by the landlord.
While you are encouraged to seek out legal counsel for any issues, you do
not have to be represented in small claims court as an individual. Please see http://courts.phila.gov/pdf/brochures/small-claims-court.pdf for more information.
In order to officially “lock you out” of your home, your landlord must
possess a “writ of possession”. In order to secure the writ, your landlord must go through the eviction procedure. Notice must have been given to you to vacate voluntarily, if you did not vacate, then your landlord may go to court to seek your eviction. If you were not notified of a court hearing regarding your eviction, or were not presented with a writ of possession, you may have been illegally locked out. In that case, you may seek assistance from the Philadelphia Police Department.
The department of L&I publishes a document called “Partners for Good
Housing”. It goes over what the City of Philadelphia considers to be a habitable home. It details fire safety requirements, heating requirements, lighting requirements, and many others. It also instructs on how to file a complaint to L&I. If you move into a Philadelphia apartment or home, you should receive a copy of this document. If you do not, you may retrieve one from Drexel OCH, or print one from the web at http://www.phila.gov/li/pubs/li/lr01.html
Properly disposing of your refuse is a very important responsibility that we
all have. If your landlord has not informed you about trash regulations, including your trash day, proper times to put your trash out for collection, how to recycle, and how to dispose of bulk items, please visit http://www.phila.gov/streets/trash_collection.html.
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