Legal Question in Landlord & Tenant Law in New Jersey

I have a Slum Lord

I live in a an apt where the toilet does not work, there's a hole in my ceiling and there a roaches in my apt.These issues were suppose to be taken care of months ago but nothin was ever done but continues to come and collect the rent.Can i withhold rent untile something is done or do i have to still pay him rent?


Asked on 4/01/09, 9:58 am

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: I have a Slum Lord

Make sure that you have notified the landlord of these problems in writing. Even if you have done that before, do it again now and also say that you are not paying rent until the problems are corrected. At that point, the landlord can either fix the problems or sue to have you evicted. If the landlord elects eviction, you must go to court on the day of trial with the back rent in cash, certified check, or money order. (Certified check made payable to the Treasurer of the State of New Jersey is probably best, but be sure your bank will return the money if you give them back the check.)

The court may hear the case on the day noticed for trial. However, if the case is not heard for any reason, you must be prepared to pay the back rent into court that day otherwise the judge must grant the eviction.

So, now you are in court at the hearing. Tell the judge about the problems. Tell him/her how long they have gone on and how often you have reported them. Show your written letters and notes and ask the judge to accept them as evidence. Tell the judge that you are willing to pay the rent if the problems are fixed. That should do it.

In the alternative, you can have the problems fixed yourself (after notice) and withhold the cost of repairs from the rent. The rest plays out about the same as above.

Remember that any time you raise a defense in Landlord/Tenant Court, you must be prepared to pay the back rent in cash or cash equivalent that day.

I hope that helps.

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

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Answered on 4/01/09, 11:31 am


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