Preface 1

Off Campus Housing Guide Back to Table of Contents

Chapter 4
Maintenance, Repairs, Codes
Habitiability
Tenant Obligations
Landlord Obligations
Response to Code Violations
Remedies
Retaliatory Eviction
Documentations
Limitations

Section Four: Maintenance, Repairs and Housing Codes

Contents of this section:

Habitability
Tenant Obligations
Landlord Obligations
Response to Code Violations
Remedies
Retaliatory Eviction
Documentation
Limitations
Summary of Key Regulations in the State Sanitary Code
Remedies for Violations in the State Sanitary Code

Habitability
In any tenancy, whether under a lease or at will, the landlord gives an implied warranty of
habitability. This means that the landlord guarantees to you that the premises conform to
certain minimum requirements of safety and cleanliness so as to be fit for human occupation.
Both you and your landlord have obligations to maintain that condition.

Tenant Obligations
Your responsibilities to your landlord come from the law, the oral or written rental agreement,
and in some cases, the rules your landlord makes for the tenants. When you fail to meet these
obligations, your landlord can terminate or end your tenancy. Your most important obligations
are to pay the rent and to keep the rental unit clean, safe, and free from unnecessary damage.

Your other obligations include:

To properly dispose of garbage in a clean, safe way;
To follow the rental agreement and your landlord’s rules;
To allow the landlord access to your unit for emergencies, to show it to potential
renters near the end of your tenancy, and to make announced inspections and repairs;
To use the premises only as a residence and not for commercial purposes;
To not disturb your neighbors with noise, visitors, or pets.

Landlord Obligations
The City/OCHA Code sets forth certain obligations and responsibilities for the landlord.
Residential Services provides a pamphlet with a complete summary of the code. Some of the
landlord’s obligations include:

To keep clean and sanitary any common area not occupied by one tenant exclusively;
To make repairs in a timely manner;
To provide and maintain a heating system in good operating order;
To keep the rental unit free from rodents and insects;
To provide hot water, unless you are to provide fuel for heating water under a written
lease agreement;
To maintain structural elements of the rental unit to be weather tight, watertight, and in
good repair;
To maintain every exit used or intended for use by tenants of more than one apartment
free from obstructions, including snow;
To remove all lead paint from any rental unit in which children under age six live;
To obey the regulations of the City/OCHA Code and disclose to prospective tenants
the existence of any condition that is a violation of the law.

Response to Code Violations
If there are any conditions in your rental unit that you suspect may constitute violations of the
BOCA Code, first call your landlord to advise him or her of the situation and follow up with a
written request to correct the problems. If your landlord’s response is not satisfactory, call the
local code department and request an inspection. Prepare a list of suspected violations you
wish to be investigated, or inform the inspector if you want a comprehensive inspection. When
the inspector arrives, make sure he or she writes down all of the violations. The inspector must
provide you with a copy of the report, notify your landlord of the violation, and specify a time
period for them to be corrected. If your landlord has not begun or contracted for repairs within
the specified time period, he or she could be subject to fines or imprisonment.

Remedies
You have several options to force remedies to faulty conditions in your rental unit. You may
abate or withhold some amount of rent if your landlord is not abiding by health and safety
requirements of the local housing code; you may make emergency repairs to the rental unit
and deduct up to four months rent to pay for them; or you may go to court to ask for an order
requiring your landlord to correct the problem.
All of these remedies have legal ramifications. Before you decide which remedy to use,
consult Residential Services. The office can explain your options in more detail and suggest
resources for legal advice.

Retaliatory Eviction
If you requested repairs, asked for a code inspector to examine some problem affecting health
or safety, or otherwise insisted that your landlord fulfill his or her obligations, you may find
that your landlord may attempt to evict you. You are protected against this type of eviction. If
your landlord tries to evict you within six months after the last repair has been made to correct
a code violation, it will be presumed that your landlord’s attempt is retaliatory and therefore
illegal.

Documentation
It is essential to prepare an accurate record of the needed repairs in case court action develops
later. The record may include photographs and witnesses, but it is best to get an official report
from the Department of Code Inspection. Accurate documentation will help you prevent
retaliation by your landlord for the exercise of your rights. You should send the Department of
Code Inspection any copies of the notices you have sent your landlord describing the
problems. In Lock Haven, you may contact an inspector from the following agencies to make
an official record of the violations he or she may find: Code Office 570-893-5916

Limitations
If any of the repairs that need to be done are the result of something that you or guests have
caused or because of negligence on your part, then you cannot make your landlord pay for the
repair, withhold rent, or seek court-ordered relief.

Your Rights
You have the right to safe and habitable housing. You also have the right to ensure that those
conditions are maintained.