The lease itself is not where the law ends. Remember Pugh v. Holmes? Because there is such a presumptive unfair bargaining position between landlords and tenants, certain protections are in place to guarantee at least a minimal legal standard to enforce. As opposed to a standard eviction, where a landlord will take a tenant to court to forcibly remove them from a leased space, a constructive eviction refers to the occasions that a tenant is forced to move out due to conditions beyond their control.
An example would be when the furnace in an apartment building goes out. Professionals that could repair the furnace will typically not work with a tenant to make repairs. The building manager or owner needs to be the one to give permission to perform the maintenance. Let's say the landlord doesn't hire anyone to fix the furnace and it's the dead of winter. The tenant in this example would have to move out to be in a space that meets their living needs.
This example illustrates what is referred to as Breach of the Implied Warranty of Habitability. For a place to be habitable it must be safe and sanitary. The courts in Allegheny County will often follow the guidance of Pittsburgh's Code Enforcement. If an apartment is deemed to be uninhabitable by the Department, the courts will likely agree.
In a similar fashion, the courts recognize that there is an Implied Warranty of Quiet Enjoyment. As you have likely guessed, this means that you get to enjoy the space you are renting without having to do anything but follow the rules of the lease. Landlords that let themselves in without notice on repeated occasion, neighbors that make it a habit of being a nuisance, and similar situations that make it impossible to live in peace may be examples as long as the landlord has control over the conditions.
Before we get too carried away with this notion, remember that accusations of breach of quiet enjoyment have to be reasonable. Certainly a landlord is permitted to enter the space to perform repairs and it couldn't be the fault of a landlord that the house across the street hosts loud parties over the weekend.
A situation that this defense may be used might be one where certain repairs are not being made to the property. Let's say there were issues with cable lines that the landlord refused to address. The situation results in an inability to have tv or internet services set up at home. This would not likely create an uninhabitable condition, regardless of whether Mel believes that she would 'just die in, like a second, if I had to live without my wifi!" It would likely make quiet enjoyment quite an impossibility and therefore permit the tenant to leave without any penalties.
An example would be when the furnace in an apartment building goes out. Professionals that could repair the furnace will typically not work with a tenant to make repairs. The building manager or owner needs to be the one to give permission to perform the maintenance. Let's say the landlord doesn't hire anyone to fix the furnace and it's the dead of winter. The tenant in this example would have to move out to be in a space that meets their living needs.
This example illustrates what is referred to as Breach of the Implied Warranty of Habitability. For a place to be habitable it must be safe and sanitary. The courts in Allegheny County will often follow the guidance of Pittsburgh's Code Enforcement. If an apartment is deemed to be uninhabitable by the Department, the courts will likely agree.
In a similar fashion, the courts recognize that there is an Implied Warranty of Quiet Enjoyment. As you have likely guessed, this means that you get to enjoy the space you are renting without having to do anything but follow the rules of the lease. Landlords that let themselves in without notice on repeated occasion, neighbors that make it a habit of being a nuisance, and similar situations that make it impossible to live in peace may be examples as long as the landlord has control over the conditions.
Before we get too carried away with this notion, remember that accusations of breach of quiet enjoyment have to be reasonable. Certainly a landlord is permitted to enter the space to perform repairs and it couldn't be the fault of a landlord that the house across the street hosts loud parties over the weekend.
A situation that this defense may be used might be one where certain repairs are not being made to the property. Let's say there were issues with cable lines that the landlord refused to address. The situation results in an inability to have tv or internet services set up at home. This would not likely create an uninhabitable condition, regardless of whether Mel believes that she would 'just die in, like a second, if I had to live without my wifi!" It would likely make quiet enjoyment quite an impossibility and therefore permit the tenant to leave without any penalties.