Legal Question in Landlord & Tenant Law in New Jersey
Landlord Liability?
My apartment was burglarized in July of 2008. We requested that security measures be stepped up (by phone) to our landlord. Few weeks later the apartment behind us was burglarized, another week or so later the apartment across the hall was burglarized and finally recently the apartment upstairs had an attempted break in. During this time we requested several times that new security measures be implemented (specifically, a surveillance camera system). Our landlord promised it would be done and still nothing - my roomate and I have stopped paying rent until something is done. Our landlord is threatning to take us to court if we don't pay. All i've asked for is some sort of documentation showing us that he has taken SOME steps in improving security. His response was ''that's none of my business'' Should we go to court?
2 Answers from Attorneys
Re: Landlord Liability?
Do you feel safe doing otherwise?
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Landlord Liability?
Court may be the only way to resolve the issue. If the landlord does nothing and you want out of the lease, you can take the landlord to court. Taking a bit more risk, you may (on the advice of counsel, of course) break the lease and move out expecting that the landlord may sue you for the back rent and remaining payments. You will then have to defend that suit. A pain, but it may be the best way to ensure your safety expecially if your personal safety is at risk.
If the landlord sues you for eviction for non-payment of rent (which is likely) you have a very strong case. In NJ, there is a two-step eviction process. In Landlord/Tenant court, only possession can be awarded although money frequently enters into the equation. Here is how this is likely to play out:
1. You continue to withhold rent. Since you are smart, each month you will write to the landlord and state again that you are not paying your rent because the landlord has failed to maintain reasonable security in the building and your property and person are in danger because of that. However, you keep the money aside because you will need it.
2. Landlord sues to evict you for non-payment of rent.
3. You go to court on the assigned date. I would recommend that you are represented by counsel, but you can represent yourself if you want. However, if you have a roommate and are not married to him/her, both must go if you don't have a lawyer because you are not permitted to represent each other.
3. You must be prepared to pay ALL the back rent into court ON THAT DAY. If you are unable to do that, and the judge does not get to a trial of your case that day, the judge is required to order your eviction.
4. When your case is tried, you defend on the grounds that the landlord has failed to provide a premises that is "habitable" thus excusing you from the duty to pay all or part of the rent under the lease. The judge will hear the case and decide for or against you. The worst that is likely to happen is that you lose and the money that you have or will pay into court will pay all the back rent. So, you will not get evicted. The best is that the judge will agree 100% with your and order that you don't have to pay rent until the landlord fixes the problem. The likely result will be somewhere in between. Whatever else happens, if you do things right, you won't get evicted and the landlord will have to answer for the inaction.
My firm handles matters of this type. If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
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