Legal Question in Landlord & Tenant Law in New Jersey

I own a 2-family home. My tenant found a black stain which he assumed to be mold.. so he informed me that he's going to a hotel & he says he will only return if I can provide proof that either: a) there's no mold present in the apartment; or, b) any/all mold present in the apartment has been professionally removed.

I fully intend to address the matter. I have already started researching mold remediation specialists on Angie's List - and I have also sent an email to the company nearest to my home inquiring about their service (it is Sunday evening, so I didn't expect to find anyone at the office, hence my approach sending email - but beginning tomorrow I will follow-up by calling).

My tenant implied that he would hold me responsible for any costs associated to staying at a hotel - and that he intends to present his hotel bills to me for re-imbursement.. or to get a deduction of those monies from his rent.

I'd like to find out the extent of my responsibility in such a situation. i.e. Am I responsible for the costs of his hotel stay? Is he in a position to present me with his hotel bills? etc.


Asked on 1/08/12, 6:06 pm

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

There are a number of issues raised by your question. For the moment, you are probably taking the appropriate action. A key question will be whether there is an actual health risk. As for your relative rights, further information and discussion is needed.

I handle matters of this type. I can probably be of further help to you. Call me tomorrow if you like and we can discuss the way forward.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 1/08/12, 6:30 pm
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

read this case if you want to know what the law is: http://www.judiciary.state.nj.us/opinions/a2632-10.pdf

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Answered on 1/08/12, 7:29 pm


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