QUESTION
What can I do if neighbors smoke cigarettes and crack day and night and I 've documented everyday since 2019 I hurt and burn I have hud-vash voucher
Asked on Feb 12th, 2022 on Landlord and Tenant Law - Pennsylvania
More details to this question:
I'm a veteran and I have been here since December 30th 2019. People upstairs have been horrible. Written landlord numerous times and tried to speak with them and they just escalated the banging dropping slamming, dragging furniture day and night. I have a Hudvash voucher there is no smoking allowed, however they smoke constantly, I had a reaction to the crack about 8 months ago and I've been documenting everyday went to the VA HOSPITAL 2 times. Landlord said he didn't see them do it and it is hearsay and they pay their rent on time pay on time never missed a payment. I have been told that maybe it's best that I move. It has not been easy to just move, not knowing I will encounter his again. I can't sleep, eat, shower,
1 ANSWER
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There is no easy answer. You have 3 options: 1) move 2) withhold rent due to the landlords failure to adhere to the covenant of quiet enjoyment and warranty of habitability 3) sue the landlord for breach of lease.
The second option involves placing your rent in escrow with the strong likelihood that the landlord will seek to evict and your defense will be that landlord breached.
I trust this answers your questions and, if you live in the Delaware Valley do not hesitate to call or email on a free initial basis.
Best Regards,
Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
(610) 489-3041 o
(610) 489-3042 fax
nahrganglaw.com
Answered on Feb 14th, 2022 at 12:30 PM