Perhaps.
As the site I included above states, a new Pennsylvania law now allows the tenant to stop paying some or all of rent if the landlord does not make necessary repairs.
Under the old law, a tenant could avoid eviction for witholding of the amount of rent necessary to repair any damages only if 1. the landlord promised to make repairs but didn't, 2. the repair was necessary to prevent further injury to the property and 3. the landlord consented to having the tenant do the repairs themselves. The tenant was then able to deduct the cost of the repair from their rent; the cost had to be reasonable and the tenant had to furnish receipts. If the tenant failed to get consent of the landlord, did the repair and deducted the amount from the rent, the landlord could terminate the lease and file for eviction.
Under the new law (which is known as the "implied warranty of habitability" law, the tenant's obligation of pay rent and the landlord's obligation to maintain habitable premises depend on each other. In other words, if the landlord breaks his obligation to keep the premises in a reasonable fit condition, this may relieve the tenant from his obligation to pay part or all of his rent until the landlord makes all necessary repairs.
The landlord must be given notice of defects and a reasonable opportunity to make repairs. It is also important that the tenant inform the landlord in writing of their intention to stop paying all or part of the rent if necessary repairs are not made in a reasonable amount of time. The tenant should keep a copy of the letter and copies of all receipts for repairs.
If the landlord decides to sue the tenant for that portion of the rent which was withheld, the tenant will need these records as part of his/her defense.
I hope this helps...
Gail
