Legal Question in Landlord & Tenant Law in New Jersey

I rent one floor of a three family home. The Landlord is telling me that I am not allowed flush toilet paper down the toilet. She says the house plumbing is too old to handle toilet paper. She wants me put the used toilet paper in the garbage. She told us this a few days after we moved in but I have not been doing so because it seems unsanitary. She is now becoming more insistent due to plumbing problems with the building. Can I force her to fix the problem and allow us to flush toilet paper? Is it legal to rent an apartment without a fully functioning toilet? Is a toilet that will not flush toilet paper considered not fully functional?

Any help would be greatly appreciated!


Asked on 7/12/14, 3:07 pm

1 Answer from Attorneys
Matthew Schutz Matthew R. Schutz, Esq.

I think you have some interesting issues. If the plumbing is so bad that it can't accept toilet paper one wonders about the waste that required you to use the paper. This is a serious habitability problem. The first thing you need to do is contact the board of health and have them inspect. If the plumbing is in such poor shape, It makes me wonder about other issue has the house been registered as required by law? Has the security been properly handled and others.

I would send the LL notice by certified and first class mail about the problem. If the LL does not take care of the problem, escrow the rent. If the plumbing is that decrepit, you may not be able to fix it. I would talk with an attorney, most will give you a free initial consult.

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Answered on 7/13/14, 5:30 am


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