If any lawyers familiar with PA law can weigh in on this issue it would be great - I understand that replies will NOT constitute legal advice and will be seeking appropriate legal counsel this week.
I just moved to Pittsburgh PA this month and have a child under 6 years old. Our rental house (single-family dwelling) has multiple areas of chipping and peeling paint (including the bathroom), especially in door frames which are rubbing and creating dust, baseboards, and window sills. We checked these areas for lead and they tested positive. There are also some other issues with the house, including multiple windows that cannot be secured/latched (one on the ground floor), and a small section of floor upstairs that cannot bear weight (it sags when stepped on).
I looked into PA and Allegheny County Health Dept. laws and regulations, which unfortunately are very weak and do not allow for action (inspection by health dept/order the landlord to repair) until my child or one of us actually has elevated blood levels of lead. The landlord did not give us the federally-mandated lead disclosure prior to lease signing; however, federal law also does not mandate that the landlord repair (as I understood the law), nor provide for grounds to terminate the lease (conveniently, it lets the gov't collect fines but doesn't actually do anything to prevent children from lead poisoning caused by lead-based paint hazards...).
Do I have any options here other than requesting my landlord to repair? What happens if they do not repair or refuse to repair? What is a reasonable time to allow the landlord to repair? Would this be considered a breach of the implied warranty of habitability in PA? Do we have any leverage at all? Can we attempt to negotiate based on the lack of federally-mandated lead disclosure?
We really would prefer not to move; however our child's safety and long-term health are of the utmost importance. As I mentioned at the beginning of the post, I am seeking legal counsel this week - if anyone would like to weigh in (disclaimers and all) it would be appreciated.