Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
When I managed a 40+ apartment building and a good tenant would ask to change apartments, and if/when one was available, I would almost always get them permission to move into the apartment they wanted if/when one was available.
My peeve is when new tenants show up with Doctors letters saying they Can Not live on 2nd floor apt. Yet 6 times in the past 3+ years these tenants are Told the Only way to get a Downstairs apt is to live at least 1 year upstairs... then they get transferred to a downstairs apt when available. I don't have a clue if this is illegal or not. But I just don't get it. Earlier today another tenant they stuck in an upstairs apt fell now in hospital... broken hip/arm & leg. So Cold So Cruel This current tenant was told there was a downstairs apt when she applied But when she went to move in they Only gave her an upstairs.
I can only echo everyone's comments. I am going to play devil's advocate on this one. What if one of the treads is broken on the stairs? Let's say half the tread is broken. OP complains about this tread being broken but falls on deaf ears. Would the LL be liable if an accident happened? Leg injury, etc.
If OP complained about a step (run or tread) on a set of stairs not being safe, in writing, and the LL did nothing to let all tenants be very aware of a broken step, or fix it after a reasonable amount of time allowed, or put signs/caution tape in the area of until it could be repaired?
Yeah, LL would most likely be liable.
I was sued by a city employee (water/sewer DPW employee) for falling down a set of one of my rental's outdoor basement steps.
What he didn't know is that I wasn't going to let it go.
Turned out this was his "go-to" and he had done this over a dozen times in his tenure. Claimed he fell, got some doctor to say he "sprained" something every time; collected unemployment/disability and then sued the property owner for lost wages/pain/etc. & out of pocket expenses.
Clumsiest city DPW employee ever.
However, his scam didn't work for him this time.
People are afraid to get sued so they just turn the issue over to their insurance company.
Mandating that the tenant follow all local codes and laws should definitely be in your lease.
Check! That's why I was asking how could the LL be responsible for a code violation when the tenant is not following code and has been told numerous times to follow code.
Check! That's why I was asking how could the LL be responsible for a code violation when the tenant is not following code and has been told numerous times to follow code.
Because the landlord has the ultimate responsibility to enforce it; and that is by evicting those the LL is aware is not following laws or codes.
Interesting. I am not a lawyer either. However, how could liability be shifted to the LL? Could you evict someone for not following code? I don't see that in PA.
In your case you could be sued if someone was injured because of that trash. If there was an emergency and the egress couldn’t be used, you would be liable for not enforcing your own rules/city code
Send that letter and include the portion of your lease where it states that the egress must be accessible at all times. Make it clear that if the behavior continues they can/will be evicted for violating the lease and putting others in danger.
No, I’m not a lawyer and I don’t know PA law, but it’s common sense that you know of the issues and you’re not dealing with them therefore that makes you responsible.
Check! That's why I was asking how could the LL be responsible for a code violation when the tenant is not following code and has been told numerous times to follow code.
Most apartments have more than one tenant affected if someone is leaving trash out. If someone in unit 101 leaves his trash at the bottom of the stairs and it causes people from units 201 and 202 to trip/fall and causes a rodent infestation in unit 102, it’s certainly not the fault of units 102, 201, and 202 that unit 101 is not doing what he is supposed to do. Most of us here don’t know the PA law, but it just makes sense that if you are putting others in danger by not enforcing the code, you would be liable.
Sorry, but you are responsible for knowing how to walk. If stairs have become difficult for you as you age, it is time to move to a ground level apartment.
Quote:
Originally Posted by Electrician4you
About the only thing the LL is responsible for is replacing the burned out light bulb IF you inform him and request a service call.
The LL is not legally responsible to accommodate you by giving you a downstairs apartment (however you can ask if one is available and they may let you move in one if it is available). And they sure are not required to give you free rent until you find some other accommodation.
Assuming the LL has a first floor unit available, isn't that the definition of a reasonable accommodation?
Quote:
Originally Posted by quiet life
I can only echo everyone's comments. I am going to play devil's advocate on this one. What if one of the treads is broken on the stairs? Let's say half the tread is broken. OP complains about this tread being broken but falls on deaf ears. Would the LL be liable if an accident happened? Leg injury, etc.
If the landlord is aware of problems that pose a safety threat and ignores them, then he is liable.
In your case you could be sued if someone was injured because of that trash. If there was an emergency and the egress couldn’t be used, you would be liable for not enforcing your own rules/city code
Send that letter and include the portion of your lease where it states that the egress must be accessible at all times. Make it clear that if the behavior continues they can/will be evicted for violating the lease and putting others in danger.
No, I’m not a lawyer and I don’t know PA law, but it’s common sense that you know of the issues and you’re not dealing with them therefore that makes you responsible.
I can only echo everyone's comments. I am going to play devil's advocate on this one. What if one of the treads is broken on the stairs? Let's say half the tread is broken. OP complains about this tread being broken but falls on deaf ears. Would the LL be liable if an accident happened? Leg injury, etc.
Well if the tread is broken AND the landlord was notified but DID NOT do anything to repair it yes the landlord is negligent.
Since most exterior stair treads are concrete they don’t just break out of the blue. Even if they were wood they dont just break. There is usually a good amount of warning and signs it’s failing
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
This current tenant was told there was a downstairs apt when she applied But when she went to move in they Only gave her an upstairs.
I am going to play devil's advocate on this one. What if one of the treads is broken on the stairs? Let's say half the tread is broken. OP complains about this tread being broken but falls on deaf ears. Would the LL be liable if an accident happened? Leg injury, etc.
