New property condemned within 6 months

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ouzelum

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My jurisdiction is: PA

6 months ago I moved into a newly renovated loft apartment building. At the time, the units did not yet have meters. We were told not to contact the power company until we got word from the landlord, and that in the meantime they would be paying for the electricity on a "house account."

This past Friday, I came home to find that the building had been condemned.
From the information I've managed to piece together from code enforcement and the maintenance man, the power company arrived to hook up the meters and found that the power to every unit in the building was being jumped using copper pipe. This triggered them to shut off power to the building, code enforcement was called, and the building was subsequently condemned.

Currently, I am living in an efficiency studio that I've been told will be reimbursed by my landlord. We've also been told that they plan to finish the repairs and have people moving back in by Wednesday, although I have a hunch that reacquiring the occupancy permit will take significantly longer than they are suggesting.

I now question the landlord's commitment to tenant safety, but also question the inspection mechanism the borough has in place for occupancy permits (after all, one was granted 6 months ago with this dangerous electrical setup in place). I wish to move, and, according to the condemnation clause in my lease, the lease is null and void as a result of the condemnation. I have several questions about this situation:

1. If I immediately give notice of my intent to vacate the property, what is the protocol for returning a security deposit?
2. I have already prepaid rent for the month of February. If I immediately give written notice of my intent to vacate the property effective March 1st, but in the interim the property receives it's occupancy permit, would moving back in for the balance of the month constitute a tacit agreement that I am still bound to the lease?
3. Is the landlord legally bound to reimburse my hotel bill (a hotel they have designated for us to stay) if I give notice that I am leaving?

Any help would be greatly appreciated.

Thanks,

Josh
 
Assuming the lease is null and void as per your analysis:

1) What is the method of notice under the lease? Being safe, you could send a letter via a certified method of receipt with a notice of breach by the landlord.
2) When a lease is materially breached and there is no cure period it is over. "Cure" means that the lease is breached can be remedied - but it seems that condemnation or forcible eviction would qualify you (and I doubt any other judge would blame you either.)
3) I don't know the details of your lease and jurisdiction but I would hold the landlord to it, at the very least as a foreseeable and consequential damage of his material breach.

Good luck.
 
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