The Herald, Sharon, PA Published Friday, April 25, 2003

Housing workshop focuses on rentals

By Larissa Theodore
Herald Staff Writer

It's the dead of winter and the furnace breaks in a rental property.

The tenant tells the landlord about the problem, and the landlord promises to fix it but never does.

The tenant then hires someone to install a new $1,200 furnace and decides not to pay the landlord $300 in rent for the next four months.

Who is responsible for the cost of the repair: the landlord or the tenant?

If the two took it to court, a judge would likely rule in favor of the tenant, but "it's risky for a tenant to do that," Mercer County lawyer John C. Reed said Thursday at a forum on housing rights.

"It's better to terminate the lease and vacate the premises," Reed said, adding that a landlord has an "implied" duty to provide an inhabitable home.

Reed was among several presenters who spoke Thursday at Pennsylvania State University's Shenango Campus in Sharon. The Shenango Valley Urban League Inc. hosted the housing workshop in conjunction with the cities of Farrell and Sharon and the Mercer County Housing Authority.

The workshop provided information that both landlords and tenants should know about their rights.

If a tenant leases an apartment or house, it is important that both the landlord and the tenant have a written lease, Reed said. As for items such as utilities, landlords have no duty to provide "luxuries" such as heat, hot water and air conditioners, nor do they have the right to enter a leased property without the tenant's permission, even if it's to make a repair. Tenants do not have to occupy the premise either, as long as they pay their rent.

"If it's not in the lease, the landlord does not have the right to do anything," Reed said.

Pets, alterations to the property and security deposits were also discussed.

Did you ever wonder if a landlord has the right to hold a security deposit without reason?

The answer is no, said Reed, although many rights and responsibilities can be waived by both landlord and tenant. After tenants vacate a property, the landlord has 30 days to notify them of any damage and to pay the former tenants the difference between the cost of repair and the security deposit.

If a landlord fails to do that, he forfeits his rights to recoup repair costs and the tenant is guaranteed to receive twice the amount of his security deposit, Reed said.

Ron King, 45, of Sharon said he learned a lot from the workshop. King is considering buying rental properties and figured he needed to learn rules and regulations.

"Knowledge is king," he said.

John Mizik of Mercer also came out hoping to gain information. He and his brother operate a rental business. After listening to presentations on federal Section 8 housing by L. Dewitt Boosel, executive director of the housing authority, and Cheryl Artis, Section 8 coordinator, Mizik decided to look into becoming a Section 8 landlord.

"People have negative opinions toward Section 8," he said. "I learned from the workshop and want to become more involved."

James Long, Urban League president and chief executive officer, said every year the league tries to put on at least one workshop.

"We tried to get a good cross-section of people to make it interesting for everybody," he said.



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