Legal Question in Landlord & Tenant Law in New Jersey

Possible Rent Abatement?

I have a landord who does not pick up after his dogs. The entrance to my apartment is on the side of the 2 family house that I rent, and I consistently come home to the disgusting sight and smell of dog feces, (2 dogs, a small Pomeranian, and a huge German Shephard, aka Cujo). Can his continued failure to clean up after them result in a rent abatement? I should not have to live like this.


Asked on 12/02/08, 1:14 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Possible Rent Abatement?

Call your town's board of health. It will make your landlord clean up.

Gary Moore

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Answered on 12/02/08, 3:04 pm
Tina Amodeo Law Office of Tina Nielsen Amodeo, LLC

Re: Possible Rent Abatement?

Disclaimer: By reading this response you understand that I do not represent you and that unless you enter a formal retainer agreement with me, I do not represent you nor does it establish an attorney-client relationship between you and me. This answer is given to you for informational purposes only and you are advised to formally retain counsel rather than rely solely upon the information provided in this communication.

Rent abatements are usually reserved for a situation where the rental unit is uninhabitable. In your case, the rental unit is not uninhatibable. However, your lease may (should) contain a paragraph stating that you should be able to use and enjoy the property peacefully and without disturbance. The dog "poop" likely interferes with your peaceful enjoyment of the property. It's not an actionable offense, though. You may want to check with your municipality to see if there are ordinances about cleaning up pet messes on property. Whether or not such an ordinance exists, I suggest that you write a letter to your landlord, send it certified mail and regular mail and express your concerns

to him or her and ask that he or she cleans up after the dog on a regular basis. It is not a healthy situation and if there is an ordinance about this in your town you could refer to it in your letter. It is always difficult to deal with these situations. Good luck.

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Answered on 12/02/08, 4:49 pm


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