Legal Question in Landlord & Tenant Law in New Jersey
Smokers moved in
Smokers moved in downstairs in this two family house, non-owner occupied. My lease reads ''no smoking'', but landlord neglected to include in their lease. Smoke seeps into my apartment and is horrible.
I've been documenting everything, and keeping rent in escrow, waiting for the landlord to move to evict. I've heard of a ''Marini defense'', where I can ask a judge for a rent abatement due to the reduced value of my tenancy.
Has anyone seen this used successfully? Can I expect a rent reduction?
2 Answers from Attorneys
Re: Smokers moved in
What you propose is feasible, but you must PROVE your case. What proof do you have?
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Smokers moved in
You may be able to do better than a rent abatement. Your lease entitles you to the quiet enjoyment of the leased premises (with emphasis on the "enjoyment"). If cigarette smoke interferes with this and especially if you have a definable health problem, you may be able to claim what is known as "constructive eviction." That is, you allege that you have been denied the quiet enjoyment of the premises because the landlord can't or won't prevent the smoke from coming into your apartment. If successful, you could then vacate and move elsewhere without any penalties under the lease. You might even be able to recover any increase in rent for similar premises from your current landlord for the balance of the lease term.
I don't recommend that you try to do any of that yourself. Your right to claim constructive eviction is very fact-sensitive and may even depend on having a good knowledge of how the judges sitting in your County think about landlord/tenant matters.
See also: http://info.corbettlaw.net/lawguru.htm
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