Repairs and Unsafe Conditions in Pennsylvania: What You Can Do
Your landlord must keep your Pennsylvania rental fit to live in. This page explains that right and how to use it. It covers repair requests, inspections, rent withholding in cities, and what happens if the dispute reaches a court.
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Pennsylvania law promises every renter a home that is fit to live in. Courts call this the warranty of habitability: your landlord's automatic promise that the home is safe and livable. The Pennsylvania Supreme Court made this the law of the state in a 1979 case called Pugh v. Holmes. Your landlord must fix serious problems that affect your safety or your ability to live in the home. The promise applies even if your lease says nothing about repairs, and it lasts the whole time you rent.
Pennsylvania Office of Attorney General Part IV.C, Maintenance, footnote 10 Supreme Court of Pennsylvania 486 Pa. 272✓ Sources checked August 31, 2026
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You keep this right no matter what your lease says. A lease term that makes you take the home as is, or makes you responsible for all repairs, does not count. The court will not enforce it.
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Serious problems include: no heat in winter, no hot or cold running water, and no working sanitation. They also include rats or mice, a leaking roof, unsafe floors or stairs, and broken locks on doors or windows.
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First, tell your landlord about the problem and ask for the repair in writing. A text, an email, or a letter all work. Keep a copy. The law requires this first step. You must give your landlord a reasonable chance to fix the problem before you use the stronger steps on this page.
Pennsylvania Office of Attorney General Part IV.C, Maintenance Supreme Court of Pennsylvania 486 Pa. 272✓ Sources checked August 31, 2026
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Save proof while you wait. Take photos and videos with dates. Keep every message to and from your landlord. Write down each day the problem continues. If the dispute ends up in court, this record supports your case.
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If your landlord does not fix the problem, ask your city or county code office to inspect your home. An inspection creates an official record of the conditions. In Philadelphia, you can report a rental property that breaks city codes to 311, online or by phone. Other cities and towns have their own code offices: check your city's guide.
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In Pennsylvania cities, a state law called the Rent Withholding Act lets you stop paying your landlord when officials certify the home unfit. Certify means the city health or inspections department officially declares the home unfit to live in. After that, you stop paying rent to your landlord. Instead, you pay the full rent into an escrow account. That is a separate bank account, approved by the city or county, that holds the money. This law covers cities only, like Philadelphia, Pittsburgh, and Scranton. It does not cover townships or boroughs, but renters outside cities keep every other right on this page. Get legal advice before you stop paying: using this step the wrong way can end in eviction.
Pennsylvania Office of Attorney General Part IV.C, Maintenance Pennsylvania General Assembly 35 P.S. § 1700-1 Supreme Court of Pennsylvania 486 Pa. 272✓ Sources checked August 31, 2026
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The escrow money has a 6-month time limit, counted from the day officials declare the home unfit. If the home is declared fit again within those 6 months, the escrow money goes to the landlord. If the home is still unfit when the 6 months end, the money is paid back to you. The escrow money can also be used another way. It can fix the home or pay utility bills (water, electric, gas) the landlord did not pay.
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Your landlord cannot evict you while your rent is in the escrow account (the separate bank account that holds your rent during the dispute). The law states this plainly, and it covers every reason for eviction during that time.
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You can also fix a real problem yourself and subtract the cost from rent, after notice and a reasonable time to repair. In the Pugh case, the tenant paid $6.00 to replace a broken lock and took $6.00 off that month's rent. The repair must be reasonably priced, and it cannot cost more than the rent you owe. Keep the receipt: if a court later finds the repair was not needed, you may have to pay that money back.
Pennsylvania Office of Attorney General Part IV.C, Maintenance Supreme Court of Pennsylvania 486 Pa. 272✓ Sources checked August 31, 2026
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If you stay and part of the home is unusable, a court can cut the rent by the share you lost. Example: if defects took away 25% of the use of a home renting for $800, the cut is $200, and you owe $600. Courts call this rent abatement (a cut in the rent you owe).
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If the home gets so bad that you cannot live there at all, moving out and ending the lease can be a legal choice. Courts call it constructive eviction: the conditions force you out even though the landlord never ordered you out. It is the biggest step, with strict rules and real risk. Read the Constructive Eviction guide before you decide anything.
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Bad conditions also matter in eviction court. If your landlord sues you over unpaid rent, you can raise the conditions as a defense. You can also file a counterclaim: your own claim against the landlord inside the same court case. You must file the counterclaim before the day of the hearing.
Pennsylvania Office of Attorney General Part V.C.2, Landlord-Tenant Complaint Supreme Court of Pennsylvania 486 Pa. 272✓ Sources checked August 31, 2026
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Pennsylvania has no statewide law that stops a landlord from punishing you for asking for repairs or reporting code violations. Some cities do protect you. Philadelphia, for example, bans a landlord from acting against a tenant for filing a complaint or for using a legal right. Check your city's guide for local protection.
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