Legal Question in Landlord & Tenant Law in New Jersey

Re: repairs needed

It all depends on what you want to do. If you simply want the repair made, but do not wish to terminate your lease, you may be able to pay for the repair and deduct the expense form your rent, though a roof repair is likely to be more than you pay in rent per month. You may also have grounds for terminating the lease due to habitability concerns. Need more info on what you want, and would also need to review your lease. Drop me a note at [email protected] if you'd like to discuss this further.

Re: repairs needed

To what Mr. Bosley has told you, I offer this third alternative. Inform your landlord in writing of the roof leak and mold problem and document it as best you can by photos and any other evidence that you can collect. Tell the landlord, in writing, that you with withhold rent until the problem is repaired. If it is not fixed in a timely manner, stop paying rent, but do not spend it. Keep it safe and together because you will need it later.

If the landlord sues for eviction based on rent default in landlord/tenant court, you have a "habitability defense." You contend that you do not owe rent for the period because the landlord has breached his obligation to provide you with a premises that is habitable. Now, the rent that you didn't pay comes in. The court won't hear your habitability defense unless you pay the rent money into court on the day that the case is first called. So, you pay the rent to the court. The judge will then schedule a hearing on whether your defense is valid or not. If not, you will be evicted and have to move and pay costs. But if your defense is valid, you are very likely to get the repairs that you wnat plus the equivalent of a temporary rent reduction.

A smart landlord will address the problem as soon as he gets your letter containing the magic word "habitability." Better still, have a lawyer write the letter for you. That lets the landlord know that, not only are you prepared to assert your rights, you have the means to do so.

My firm handles matters of this type. If I can be of further help to you, call or email. If you remind me that the contact was through Lawguru, the first consultation will be free.

See also: http://info.corbettlaw.net/lawguru.htm