Legal Question in Landlord & Tenant Law in New Jersey

You can withhold rent on account of problems that have a serious effect on habitability. However, there is some risk in doing that. If the landlord sues to evict, you must be prepared to pay the full amount due into court on the day of your hearing. You may have to do that even if the matter is not heard on that day. If you don't have the full amount, the court may grant the eviction even without hearing your case. So, you can withhold the money, but don't spend it elsewhere because you will need it. Secondly, there is the risk that you may have to pay the landlord's costs in an eviction suit if the court does not see things your way. In a well drafted lease, the cost of a suit for eviction are includable as additional rent and would also be assessed on the day of the hearing. That said, I think that a judge would agree with you that having no use of a stove is a habitability issue and would find in your favor at least for a portion of the rent. If it were me, I would withhold the rent and force the issue. Now that you know the risks of doing that, you can decide for youself. /p/ See also: http://info.corbettlaw.net/lawguru.htm