Legal Question in Landlord & Tenant Law in New Jersey

Re: Landlord Tenant possible issue

Changing the locks would be illegal and subject the landlord to a lawsuit. Tell a lawyer told you this.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Landlord Tenant possible issue

The landlord cannot lock out residential tenants.

Tell the police in advance that you are having a problem with the landlord and that he has threatened to lock you out. Get the name and badge number of the person who took your call. If the landlord does lock you out, you have more credibility.

You are essentially correct on the procedure. Your problem will be convincing a judge that an unpainted ceiling rises to the level of a habitability problem that justifies withholding rent. You could lose on that point but, if you are prepared to pay all the rent due (including additional rent for collection costs) the judge will not evict you.

On the facts that you present, if I were the judge, you would lose. Absent exceptional circumstances, an unpainted ceiling ought to be a contract matter. Have it painted and send the bill to the landlord. Litigate in Small Claims Court. In L/T Court, the judge only has the power to permit rent withholding for repairs that affect habitability which generally means health, safety, or serious use/enjoyment issues such as lack of heat in the winter. Since (I think) your problem is not a legitimate habitabilty claim, as a judge I would feel obligated to find against you. Having thus found that you were not entitled to withhold the rent, landlord then becomes entitled to either an eviction or back rent plus the "additional rent" rights of the lease which probably allows for the costs of collection, including attorney fees.

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

Re: Landlord Tenant possible issue

the landlord cannot lock u out. you are following PA's standard guidelines by placing the rent in escrow pending resolution of the dispute. I recommend you hire an attorney to send a firm letter stating that repairs are demanded immediately and the money is safe and sound in escrow pending resolution of the issues. Please call for a free consultation regarding this matter.

Sal Raie