Legal Question in Landlord & Tenant Law in New Jersey
i have not had a lease since 2010, the landlord has not fixed the bedroom light since we moved in 31/2 yrs ago, there was a leak in our bathroom ceiling which ruined it and he has not fixed that either plus has promised us things which he has never come through with.....can we withhold rent without fear of eviction until he correts these problems?
1 Answer from Attorneys
You actually have had a lease - an oral lease. It is certainly possible that if you withhold the rent, he may try to evict you. You would then go into Court and tell the Judge about the issues. If the Judge believes they are serious enough, he would give you a "Habitability Hearing". You are first required to post all rent due, you would testify as to the issues and the cost of fixing them, (including estimates from contractors if you can get them) and if the Judge agrees, you would get the money from the rent to pay for the repairs. Alternatively, the landlord would be forced by the Judge to fix the problems or allow you to continuously withhold rent.
Keep in mind that this answer is given based on the scanty information you have provided. My answer may change based on other information. Further, you cannot rely on this answer since you have not retained me as your attorney. To be sure that you have accurate information and direction, you should consult with an attorney. Good luck. Rob Gleaner