Legal Question in Landlord & Tenant Law in New Jersey
Can I be evicted from my apartment due to non payment of rent due to fall in basement due to the Landlord fault. We had blown a fuse and my husband went to the basement to fix it and fell over big pipes and broke all his ribs. Due to this my husband lost his job because of the time he lost for this. I told the landlord and showed her the hospital report and his chest. All she said was it was his fault. An hour later she came and moved all the pipes, I have taken pictures of the pipes on the floor by the fuse box, his chest. My husband just went back to work this week I am five months behind can she evict us for this, also she is stealing my electric I pay for all outside lighting and Basement and garage that i am not allowed to use. Can i go after her for this. We lost my truck because of the fall unemployment does not pay well.
2 Answers from Attorneys
You need to talk to a lawyer. You have a claim against the landlord for the dangerous condition in the basement that broke his ribs and lost his job. You have a claim against the landlord for stealing the electricity (it is not stealing but she owes you for that).
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Though I see the relationship between the injury and loss of work and inability to pay, the lease is separate issue, and she can file to evict you, though you may be able to raise your paying for the electric for areas you are not permitted to use. Your husband suffered a personal injury, and you need to consult an attorney. There are many issues, such as, were you aware of the pipes in the basement from being down there before, was it actually a dangerous condition, and was the landlord negligent, can the LL argue you were negligent in going into a basement w/o a flashlight or candle/lighter, what caused the breaker to trip in the first place, etc., etc.
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