Legal Question in Landlord & Tenant Law in New Jersey

Hello, On may 16th my apartment was almost broken into if it wasn

't for the downstair neighbors coming home they would have. When I got home the lock was on the floor and a hole in my door. The super was called and so was the landlord. The super covered the hole in door with a metal plate but the door would have to be replaced. June came and no door, july came no door, around mid July we told the landlord will withhold the rent until the door was fixed or we would pay for it and deducted the following week the door was changed. However since we paid for locks we became behind on rent for July and August rent. July rent was paid a few days ago and August is going out tomorrow. However we received a letter of from the court stating that the landlord want us leave due to non payment. we spoke to the landlord a week ago and told him what was going on and he was fine as long a we summited the rent asap. can they still remove us even though we paid July and August is on the way? The court date is for Aug 22.

I live in elizabeth nj


Asked on 8/09/12, 4:18 pm

1 Answer from Attorneys
Matthew Schutz Matthew R. Schutz, Esq.

There are several issues here. First there is a notice issue. Assuming notice given according to the lease, a habitability issue, then the rent its self. You are required to give notice according to the lease and give the LL an opportunity to repair. Assuming this was done, you can withold rent. I would escrow the rent. In nonpayment cases, NJ allows you to pay up to 4:30 PM the day of Court and have the action dismissed. You may pay the LL or the clerk of Court. Since you say you paid the landlord already, you need to appear at Court. You also need to look at the lease and what, if any, fees arecollectable as additional rent.

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Answered on 8/12/12, 7:29 am


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