Dear Harry: I own a house in Kensington that I renovated into two apartments. Both apartments have been rented to people who seemed quite responsible. Last month, one of my tenants withheld $35 from her rent because she said that I did not supply her with enough hot water. This was never mentioned to me when it supposedly happened. She told me that a lawyer had told her that she could withhold part of the rent without discussing the problem with me first. Isn't it proper for her to discuss the problem with me before taking action on her own? And how did she determine the amount?

What Harry says: The "standard" lease will contain a section that outlines the duties of the tenant regarding care of the property. Among these will be a clause that requires that tenants notify the landlord immediately of any repairs required. Obviously, your tenant failed to adhere to the terms of the lease. The lease may contain a provision that will permit you to take the $35 from the security deposit. It's quite possible that your tenant just picked a number out of thin air. You may also sue for the amount withheld or initiate eviction proceedings if the money is not forthcoming. The right of a tenant to withhold rent is very carefully circumscribed to situations where the landlord fails to act in a responsible way or where there is an emergency situation. If the tenant gives you a hard time with this, consider carefully whether or not to renew the lease. I hope you don't have to start legal proceedings. They can get pretty messy, especially when eviction is involved. *

Write Harry Gross c/o the Daily News, 400 N. Broad St., Philadelphia, PA 19130. Harry urges all his readers to give blood - contact the American Red Cross at 800-GIVE LIFE.