Eight Penn State students were in court recently, fighting for the right to break their lease because of health problems they believe make their house uninhabitable.

Early in the fall semester, tenants renting a house at 105 Adams Avenue moved out after they discovered what they said were pre-existing problems with the residence causing them to get sick.

Last Wednesday was the first day in court for the roommates, who are counter suing Continental Real Estate Management Inc., 256 E. Beaver Ave., after Rodney Hendricks, the landlord, sued the tenants for breaking their lease. Neither Hendricks nor his attorney would comment on the case.

Continental Reality took possession of the property in October, after the tenants had moved out, said John Hanna, property manager at Continental Reality.

The tenants are attempting to use a clause in their lease that would allow them to legally break their contract because of conditions that make the house inhabitable, said Tracey Miller (senior-elementary education), one of the residents.

After feeling ill and complaining to the owner, the tenants talked to Jose Texidor, student body attorney, and began to document and contact their landlord by certified mail about the preexisting and persisting problems, Miller said.

In addition, the students contacted the housing inspector to examine the residence, Miller said.

Determining code violations and the extent of danger that they pose can be difficult.

Code violations are usually reported to the owner and the problems are fixed, said Tim Knisely, senior fire and housing inspector for the Centre Region Code Administration.

Knisely said tenants might be recommended to leave the residence if they were in imminent danger or exposed to the possibility of long-term health problems.

It takes a significant amount of risk, however, for a residence to be deemed uninhabitable, Knisely said.

Complaints range from the more common drafty or leaky windows and the occasional asbestos problem to the more rare cases such as lead paint causing lead poisoning, Knisely said.

Small common problems can become more serious when left unattended.

Miller said untreated leaks in the house and basement resulted in extensive water damage and growths of mold throughout the house.

Reported cases of mold are rare, Knisely said.

When left untreated for a long period of time, mold can cause lung problems that might lead to illnesses such as the flu.

There are a number of cases that either go unreported or reported only when it is too late.

"In some cases, tenants do not notify the landlord soon enough to fix problems until it is too late," Knisely said.