A Typical Landlord/Tenant Intake Interview
(Community Legal Services, Philadelphia, PA, July, 2002):

Legal Intern:  Good morning, I’m Eugenia Amador, a Legal Intern here at CLS, how can we help you today?

Client:  Well, I’m having a hard time with my Landlord.  I live in my apartment with my four children and the place has so much wrong with it.  I mean, the ceiling leaks in my kids’ room every time the upstairs tenant uses the bathroom; the floor has holes in it, so that we can see through to the downstairs.  We haven’t been able to use the sink in the bathroom for four months and there are mice and cockroaches everywhere. See, I have pictures of all of this.  So, anyway, I stopped paying rent about three months ago ‘cause I came in here and that’s what I was told to do.  Now the Landlord’s taking me to court!  I mean can I lose my apartment tomorrow?  I’ll be homeless with my four kids.

Intern:  Let me first say, that you will not lose your apartment tomorrow.  There is a legal procedure that needs to be followed for an eviction to be legal.  Once the Court date occurs, and only if you lose, you will have at least 3 weeks to move out and if you file an Appeal, even more time than that.  Now, let me ask you some questions.  Have you been withholding the rent for the past three months?

Client:  Well, yeah, I mean I don’t have a bank account, so I gave my friend the rent money to hold for me each month.  She keeps it in a safe place.  I think it’s all there.

Intern:  How much back-rent is your landlord suing you for?

Client:  Well, I have this yellow piece of paper I got that says I owe $2545!!!

Intern:  Can I take a look at the document?…It looks like the landlord is suing you for four months rent.  Do you pay $500 a month?

Client:  Yeah.

Intern:  Well, it lists 4 months’ rent equaling $2000, plus $500 attorney’s fees and $45 legal fees.  Do you happen to have rent receipts or any type of proof of the last time you paid him rent?

Client:  Well no, I would give him cash, and he never would write me out a receipt, even when I’d ask.  But I did pay him for April.  Then I didn’t give him anymore of my money in May, June or July.  I don’t think I should have to pay him for rent, when me and my kids have to live in this kind of condition.

Intern:  It also states on the Eviction Complaint that the Court date is set for tomorrow morning. 

Client:  Yeah, I mean it’s going to be hard for me to make it into Center City by 8:45 a.m., with having to take my kids to three different places that morning.

Intern:  Now, before you stopped paying rent, did you notify the landlord of the repairs that were needed?

Client:  How could he not know all this was going on?  Every time I saw him I’d tell him this was wrong, or that was wrong, and meanwhile he wouldn’t fix anything. 

Intern:  Did you ever write your landlord a letter letting him know that if the repairs were not done, that you would begin withholding rent?

Client:  No.  I mean it’s just not fair.  I’m not going to pay rent for a place like that.  He’s got to make some repairs first.

Intern:  Well, you are right it’s not fair.  Sometimes what the law says isn’t always what’s fair.  Now, because your court date is tomorrow, we will not be able to represent you in court.  However, I can explain to you some legal issues that will help you in defending yourself:  It sounds like you did have the legal right to withhold rent.  At the beginning of a rental agreement, a landlord and a tenant agree that the tenant will pay rent for the landlord to provide an apartment in a safe and sanitary condition.  If the landlord does not provide a safe and sanitary apartment the tenant has the right to withhold rent.  The court will be looking for evidence that the landlord had notice of the needed repairs and a reasonable amount of time to make the repairs.  Also, the court will want to see evidence that you have been withholding the rent.  The court will then make a determination of what rent, if any, is owed, based on the condition of the apartment.  Now, you should call Licenses and Inspections to find out if there are any current housing code violations at the property and ask them to come out to do a housing inspection.  You may want to use this information in court as evidence of the condition of the apartment.  You should also take the pictures you have into court for evidence of the conditions of the apartment.

Now, the landlord may argue that he never knew the conditions were they way they were and the judge may determine that there wasn’t sufficient notice about the repairs.  The judge may also determine that full rent is owed for the months you have been withholding.  And about the month’s rent, that you said you paid, that he’s now charging you for, you are going to have to think of ways you can try to prove that you don’t owe that month.  Think about whether there are any witnesses who could testify.  However, that point may just come down to he says vs. she says, and then the judge will have to make the determination on that. 

Let me also say that it is very important that you use all the resources you can to make sure that you make it into court tomorrow morning on time, if not early.  If you do not show up by the time they do roll call, right at 9:00 a.m., a default judgment will be entered against you.

Remember that you can come back to us after the Court date.  But it is very important that you come right in, because you will only have 10 days to file an Appeal if you are not happy with the outcome.

Client:  Thanks for all your help.