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Know your rights when signing an apartment or housing lease

by | Sep 2, 2021 | Firm News

If you are entering a lease on an apartment or housing, make sure to carefully review the lease. Some landlords will take advantage of tenants’, especially younger tenants’, ignorance of the law. Your lease may include a “Release” clause which absolves your landlord of any responsibility for damage caused to you or the property.

We recently had a case where a tenant signed a lease with a “Release” clause. This released the property management group of any liability for damages caused in any capacity. From the day our client moved in, there was water damage found in the apartment. Within a month and half of moving in, significant mold growth had occurred as well.

Under Pennsylvania law, there is an implied warranty of habitability that applies to any residential lease agreement. This requires residential landlords to provide their tenants with a living space that is safe, sanitary, and reasonably comfortable. The landlord may be in breach of the warranty if the dwelling does not provide a space fit for habitation of the tenants.

This is a great example of a situation where the implied warranty of habitability overrides the language of the lease and “Release” clause. We have helped renters in Delaware County and the surrounding counties stand up for their rights against overreaching landlords. Don’t get taken advantage. Call us today to schedule a consultation to discuss your lease dispute.