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Constructive eviction: does tenant still have to give 30 days notice?

Pittsburgh, PA |

I recently learned from the City (Pittsburgh) that my LL has been cited for building & fire code violations. Inspector told me violations are "very serious" & there is no C. of O. Inspector told me he is about to take the LL to Housing Court, as he's done waiting for her to begin work on the violations.

I am looking to move (the inspector says my home isn't safe & that tenants will eventually be forced out because of the ongoing violations and lack of C of O).

My lease (on what turns out to be an illegal dwelling, so I'm not sure if my lease is legal or binding anyway???) states that I must give 30 days notice when vacating. LL hasn't given me written notice to vacate. From what I've read, this all equals constructive eviction. Do I still have to give 30 days notice before I vacate???

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Attorney answers 1


If you are claiming that the building is uninhabitable due to the code violations (you don't say what they are) then you should give written notice to the LL with a reasonable time period to fix the violations. That probably works out to about 30 days anyway. Moreover, you have to have someplace to move.

Notwithstanding the foregoing, you could move out immediately if the furnace is broken or something has occurred that would pose an immediate health or safety hazard , like a roof that is ready to collapse. You must make a decision and be prepared to back it up in court if your LL sues you for the rent.

Clifford L Tuttle, Jr
Attorney at Law
Pittsburgh, PA

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