Ask Me Help Desk - My house stinks

I rented an apartment 5 months ago. When I viewed it the windows were open and it smelled like floral air freshener. Landlord asked me to meet her to sign rental agreement at a different location an took security deposit. I asked if I could have access ahead of time to paint and clean. She said that I needed to put all utilities in my name first. I spent over $600 in deposits and when I went to sign lease the apartment had a bad odor. I questioned the landlord. She said she would scrub carpet with odoban and all apartment needed was airflow. I had paid my deposits, all utilities in my name and already rented out my home so I was stuck. She assured me she would make sure carpet was clean and odor gone. When I moved in the odor was terrible, my new neighbor said that another tenant moved in a few weeks prior and moved out 4 days later for you guessed it a terrible odor. I think that was the reason she did not want me in the apartment until after I was committed. I have asked her on many occasions to replace carpet. I sent letters all awhile paying my rent. No answer. My autistic son and daughter both have asthma and when they visit they have asthma attacks. I have had chronic respiratory issues also. I did not pay rent on the 1st and she txt me today on the 7th and said pay rent or tomorrow she is going to evict me. I told her I will put it in escrow until this issue is resolved as all I want is a healthy environment. She said see you in court. Can I just move? My autistic son visits often and this has caused him health issues. As well as the embarrassment of everyone who visits comments on the odor

Quote:

Can I just move?

No, depending on what jurisdiction you are in there are varying requirements but, in general, you need to give her written notice that she needs to fix the situation within a certain time. Also, of course, you should follow the requirements so to make sure you are entitled to a refund of your deposit.

As noted, you can't just withhold rent. There is a procedure that needs to be followed depending on local laws. Since you haven't told us your general locale we can't check the local laws.

I would be on the phone with your local health department immediately. Get them to send an inspector. If you are having problems, then it is likely a health hazard and the health inspector will give you the ammunition you need to either force the landlord to fix the condition or allow you to break your lease.

Quote:

Originally Posted by AK lawyer

No, depending on what jurisdiction you are in there are varying requirements but, in general, you need to give her written notice that she needs to fix the situation within a certain time. Also, of course, you should follow the requirements so to make sure you are entitled to a refund of your deposit.

I sent her letter in November. She never responded. I have been getting txt from her saying pay your rent or I am evicting you ASAP. I held This months rent to get her attention and responded to each txt that I want to pay my rent but she needs to address the issues. She threatens me with an eviction on my record.

Quote:

Originally Posted by ScottGem

As noted, you can't just withhold rent. There is a procedure that needs to be followed depending on local laws. Since you haven't told us your general locale we can't check the local laws.

I would be on the phone with your local health department immediately. Get them to send an inspector. If you are having problems, then it is likely a health hazard and the health inspector will give you the ammunition you need to either force the landlord to fix the condition or allow you to break your lease.

I live in Center Township PA.

Quote:

Originally Posted by cindy623

I sent her letter in November. She never responded. I have been getting txt from her saying pay your rent or I am evicting you ASAP. I held This months rent to get her attention and responded to each txt that I want to pay my rent but she needs to address the issues. She threatens me with an eviction on my record.

I live in Center Township PA.

I was told that I can put my rent in an escrow account is that true?

Call her boss, and the health department. A documented disinterested unbiased third party account goes along way in court, or with her superiors.

Local Tenant Rights, Laws, and Protections: Pennsylvania

Pennsylvania Landlord Tenant Law

Repairs and Maintenance - Nolo.com

Renter's Rights in Pennsylvania | eHow

You have rights, know them and use them.

Quote:

Originally Posted by cindy623

I was told that I can put my rent in an escrow account is that true?

http://www.nolo.com/legal-encycloped...ing-works.html

Quote:

Step 5: File any court papers. Under some state laws, you must ask a local court for permission to withhold rent, provide compelling reasons why your rental is not livable, and follow specific procedures. You can get the necessary information and forms from the court or housing department that is named in your rent withholding statute.  
Step 6: Deposit your rent in escrow. In some states, you may have to deposit your rent with the specified local court or housing agency or in a separate bank account. Even if your statute does not require this, we recommend that you deposit the withheld rent into an escrow account held by a neutral third party. This will dispel any suggestion that you are withholding rent simply in order to avoid paying it. 
If a court or housing department is not set up to handle withheld rent, try asking a mediation service if it will establish an account for this purpose. Or ask your attorney to deposit the withheld rent in the attorney's “trust account.” You can also set up a separate bank account of your own and use it only for withheld rent.  

Yes you can withhold rent in lieu of repairs under certain situations. Pennsylvania Tenant Rights to Withhold Rent or â€œRepair and Deductâ€ | Nolo.com However a bad smell is iffy when the repair or source is unknown.

Quote:

Originally Posted by cindy623

I was told that I can put my rent in an escrow account is that true?

Generally, it is true, but it has to accompany other things. These sites may help:
Pennsylvania Tenant Rights to Withhold Rent or â€œRepair and Deductâ€ | Nolo.com
TENANT-LANDLORD HANDBOOK

You need to follow specific procedures before you can just withhold rent. You have to notify her in writing and use specific wording. You have to follow-up on it as well. Did you call the Health Dept like I suggested?