Legal Question in Landlord & Tenant Law in New Jersey

Leaking roof and mold

I wanted to know how long I needed to wait before taking action against my landlord for a leaking roof? I have been in the apartment for a little over a year and it has be leaking since the end of the first month that I moved in to it. I have called him and sent him several letters regarding the situation to no avail. Currently I have many leaking areas in the apartment as well as mold growing on the ceiling in a closet. My carpet in the moldy closet is constantly damp and when it rains it is wet and spreads into the rest of the room where the closet is located. The landlord did put a tarp on the roof but due to recent weather it has been torn to shreds and is useless. What can I do to get out of this situation without losing my security (1 1/2 months)? I have been told to just leave and give him no notice, not to pay my rent until he fixes it or escrow my rent until he fixes it. I am not sure since I am on a month to month lease.


Asked on 12/12/03, 3:57 pm

1 Answer from Attorneys
John Pinho John Pinho

Re: Leaking roof and mold

In New Jersey, if your apartment is not "habitable" you have a right to withhold your rent and ask your landlord to repair the apartment to make it "habitable". I suggest that you send your landlord a letter outlining specifically what you need repaired and stating that if he does not make the repairs that you will be withholding the rent. If he fails to make the repairs, then withhold the rent. The landlord will most likely make the repairs or file an action to evict you for non-payment of rent. If he files an action, you will get notice of the action and you will need to appear in court and be prepared to deposit (pay) into court your monthly rent plus costs of court (approximately $30) and the court will order either an inspection of the apartment or a trial on the issue of whether the apartment is in fact not habitable (needs to be repaired).

You must be prepared to pay all the rent due and costs of court before you will be allowed to remain in the apartment. Be prepared with good quality of photographs of leaks. Make sure you take close ups and pictures of the room and general area so the judge can figure out what you are talking about.

Good Luck.

John M. Pinho

www.DaSilvaPinho.com

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Answered on 12/12/03, 7:34 pm


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