Can a long-term tenant sue for rent abatement and reimbursement of legal fees and costs for their landlord’s failure to comply with the city of Philadelphia’s lead paint disclosure and certification laws in a renewal lease? For a long-term tenant living in an apartment unit in the Haddington neighborhood of West Philadelphia the answer is no.

The Pennsylvania  Superior Court in Hand v. Fuller, 2023 Pa. Super. LEXIS 158 (Apr. 20, 2023) dealt with a number of important legal issues that long-term tenants and those living in older buildings may be unsure about. These issues included whether a tenant’s original lease from 17 years prior was still operative, or whether a new lease had been executed where the tenant’s rent increased, and what the corresponding landlord’s duties related to lead paint were based upon when the operative lease was effectuated.

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