Bad Landlord/Housing Code violations/abuses.

I have bee living at a mult-house unit apartment for approximately six years. I am a person with many disabilities,the main one, terminal cancer in the brain.During all of these years,the landlord has failed to provied the following:heat(an average of one month during the winter);not hot water(constantly);no water; no electricity;roaches, rats, big gaping holes in the laundry room in which the washers right next to the holes are constantly overflowing; and, working elevators(I also suffer from epileptic seizures.When I had called 911 because I needed to go to the E.R.,most times there was only one elevator working and it took 20 minutes before the ambulance workers were able to put me in the ambulance.This is not an "inconvenience" as The Colonade--the apartments where I live, otherwise known as the Ghetto of Jenkintown--but, could cost me my life.My only income is Social Security.I have been unable to move because of my deteriorating health(my cancer is now terminal), as well as personal problems.I have filed many complaints with the Jenkintown code enforcement department.Although, they are well aware of the problems,they never do anything about it. Asa matter of fact, the person who is supposed to investigate these matters, a Lawrence Matteo seems to be a great "pal" of the Property Manager,Peggy DeCaro at The Colonade.I have tons of documents and pictures that corroborate the deplorable conditions at this multi-apartment unit.From former tenants,as well as other reliable sources,I am 99.9% sure that these apartments are Section 8 housing.I have the strong suspicion that The Colonade Manager, DeCaro,is involved in some scam and, I would not be surprised if she is doing this with the full knowledge of The Jenkintown County officials.I want to know to whom I can report these criminals,especially the Jenkintown officials.There must be a governent agency that oversees them.Additionally,I would like to know how can I establish an escrow account so I can force both DeCaro and Matteo to obey the law.The tenants at the building where I live are mostly Single African-American Mothers, the elderly, individuals with a disablity, such as myself, as well as many LEP (Limited English Profficient Individuals) people.It does not take a rocket scientist to figure out why The Colonade chooses these tenants--because they are vulnerable individuals that The Colonade management can easilty take advantage of and do whatever she wants, with the help of the Jenkitown county officials.It would be great if you could provide us with some information as to where we could obtain fre legal assistance, as well as be able to organize to fight these abuses.PLEASE HELP US! I am seriously afraid that if the situation continues,these criminals are going to end up klling someone.Thank you for your prompt response.
Silvia Lee
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Bad Landlord-housing code violations and abuses
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Answers (1)

Christopher R. Minelli

Christopher R. Minelli

Contributor Level 6
Generally, a landlord-tenant relationship is dictated by a variety of legal sources. The must relevant is the lease, which is interpreted with contract law principles. State statutes and sometimes local ordinances I would imagine several ordinances exist relating to landlord-tenant law) will also provide much needed protections to tenants.

The answer depends on what your lease provisions say regarding termination of the lease and also what local statutes and ordinances say about vermin infestation, safety violations, structural damage, and lack of essential utilities. Generally, a landlord in a residential tenancy is required to provide habitable premises. This requirement varies state-by-state depending on the above-mentioned legal sources as well as by previous state court cases on the subject. If the local law provides your situation exemplifies a breach of the landlord's warranty of habitability, then you may have a legal right to terminate the lease. However, if there isn't a legal justification under local law and you leave, the landlord can hold you responsible for the remaining rent on the lease until a new tenant is found.

Thus, it is difficult to provide any meaningful answer without (1) examining the lease, (2) looking into state and local laws, and (3) getting much more information on the facts surrounding the landlord's termination of your lease. I would recommend contacting a local attorney either on Avvo or through your local lawyer referral service to get a better idea of your rights and remedies. This is important because leaving the apartment without a legal justification (i.e. if your situation did not qualify as a breach of the warranty of habitability under local law) would make you liable to the landlord for rent.

NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.
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