[PA] [PA] Can I move out if my apartment has repeated false fire alarms?
My question is regarding several separate, overnight activations of the building’s emergency voice/alarm system on June 30 and July 13, all of which broadcast shelter-in-place messages.
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Solved
The short answer? You have a solid argument that these repeated overnight alarms and the scary, unclear messaging violate your right to quiet enjoyment and could support a habitability claim. You might also have a shot at arguing for constructive eviction if it keeps happening and makes the place unlivable.
That's the short answer.
Here is the long answer: Philly requires alarm systems to use clear, specific, and non-confusing language, especially so occupants can respond safely. Messaging that basically mimics an active shooter alert or shelters-in-place language when there is no real emergency could very likely be out of compliance. The fact that they told you it was “up to code” doesn’t necessarily mean it is; that’s something the Fire Unit and Licenses and Inspections will look into once they investigate your complaint.
It would strengthen your case to ask the building for the alarm system design and code approval docs, even if they refuse; that refusal can be used as evidence that they’re not being transparent.
You could potentially sue for breach of quiet enjoyment or breach of the implied warranty of habitability if these disturbances make your home unlivable or unsafe. Constructive eviction is a tough but real option if the noise and fear force you to move out, and you’d then argue you shouldn’t owe future rent or termination fees.
Overall, if this keeps happening, you’ve got leverage to negotiate an early move-out without penalty or even possibly get rent reductions or compensation. You’re already doing the right thing by filing official complaints and documenting everything. Stay on them, request those system records (even if they say no), and keep medical records and any therapist letters handy.
Does that help clarify things? I want to make sure I didn’t leave anything out.
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My question is regarding several separate, overnight activations of the building’s emergency voice/alarm system on June 30 and July 13, all of which broadcast shelter-in-place messages.
Lexi, Chatbot
I understand how distressing it must be to experience repeated emergency alarms without any clear explanation. Can you tell me if you or anyone else in the building suffered any physical or emotional distress as a result of these alarm activations?
I was told that one went off due to a water leak hitting a stove hood. Then, supposedly someone pulled the alarm. So we have two events in two weeks, both in the middle of the night, then nine times in one night. With messaging similar to an active shooter incident without stating that it is a fire. I have never heard such a thing before.
Lexi, Chatbot
have you reported this issue to the building management or any relevant authorities, and if so, what was their response?
The building, yes. They continue to deny responsibility and claim that this is up to code.
Lexi, Chatbot
is there anything else the lawyer should know before i connect you? rest assured they'll be able to help with your alarm system issue.
No.
Michael M. Esq.
Hello! My name is Michael, and I'm an attorney ready to help!
Your responses matter to me, so I only need a few minutes to review and respond to each of your posts.
Can you tell me what outcome you'd like to achieve? For example, are you hoping for compensation, changes to the alarm system, stronger enforcement action by the city, or something else?
If it is up to code somehow, I may need to leave this apartment building and move elsewhere. And I will request that I do so without a fee.
Michael M. Esq.
Ok thanks! Just a few more questions. Besides filing your complaints, have you requested (or can you obtain) a copy of the building’s fire safety and alarm system design or code compliance documents?
It would help to see exactly what system they installed, what messaging it’s programmed to use, and if it was approved by city inspectors — that info could really strengthen your case and clarify whether the messaging is legal or not.
I have not requested them. I assumed they would not share this information with me without an order. I do have a Lease Agreement, but I am guessing it will not be there.
Michael M. Esq.
Understood! Now that I have this info, what is your legal question for me?
If it occurs again, do I have legal grounds to sue for constructive eviction, violation of quiet enjoyment, or habitability concerns?
Michael M. Esq.
The short answer? You have a solid argument that these repeated overnight alarms and the scary, unclear messaging violate your right to quiet enjoyment and could support a habitability claim. You might also have a shot at arguing for constructive eviction if it keeps happening and makes the place unlivable.
That's the short answer.
Here is the long answer: Philly requires alarm systems to use clear, specific, and non-confusing language, especially so occupants can respond safely. Messaging that basically mimics an active shooter alert or shelters-in-place language when there is no real emergency could very likely be out of compliance. The fact that they told you it was “up to code” doesn’t necessarily mean it is; that’s something the Fire Unit and Licenses and Inspections will look into once they investigate your complaint.
It would strengthen your case to ask the building for the alarm system design and code approval docs, even if they refuse; that refusal can be used as evidence that they’re not being transparent.
You could potentially sue for breach of quiet enjoyment or breach of the implied warranty of habitability if these disturbances make your home unlivable or unsafe. Constructive eviction is a tough but real option if the noise and fear force you to move out, and you’d then argue you shouldn’t owe future rent or termination fees.
Overall, if this keeps happening, you’ve got leverage to negotiate an early move-out without penalty or even possibly get rent reductions or compensation. You’re already doing the right thing by filing official complaints and documenting everything. Stay on them, request those system records (even if they say no), and keep medical records and any therapist letters handy.
Does that help clarify things? I want to make sure I didn’t leave anything out.
Yes, that is quite clear, thank you.
I guess my final question would be about next steps in the event that this is not resolved through my complaints with the City, and/or if the alarms continue to occur. I want to be calm and measured and would prefer to avoid litigation completely, but I also don't believe this negligence should go unchecked.
At what point should I give them notice of intent to pursue legal action?
Michael M. Esq.
If the alarms keep happening and the City doesn't resolve it, your next step is to formally notify the landlord in writing about the ongoing interference with your quiet enjoyment and demand they fix the problem.
You can give them a deadline (usually 14 to 30 days) to correct it, and mention that if they fail, you may pursue remedies like withholding rent, moving out without penalty, or legal action. You should only mention intent to pursue legal action after giving them a clear chance to resolve it and keeping thorough records to show you're acting reasonably and in good faith.
Perfect. Thank you. I will document everything, particularly because these valid complaints already raise my concerns regarding retaliatory nonrenewal and other issues. But I can deal with that should it arise.
I appreciate your help.
Michael M. Esq.
I want to ensure you feel completely satisfied with our conversation.
Were there any details I missed? Did you have any concerns about this issue that still need to be addressed?
I'm happy to help.
Michael M. Esq.
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