Legal Question in Landlord & Tenant Law in New Jersey

I viewed an apartment that was being renovated and expressed a verbal interest and about 2 weeks later viewed it again. There were still changes/repairs I wanted and appliances missing (the kitchen was completely bare, no cabinets, stove, etc...) but I signed a lease and gave a security deposit. I documented the changes/repairs needed in writing inc. pictures and sent the info within 3 days. The reply was that the repairs/changes would be complete by the scheduled move-in date. That day came and nothing was changed and the kitchen was still bare. By this time I had also already provided the first month's rent. After back and forth with property management for over a week things deteriorated to the point they told me I could move out, which I did 8 days later. I never spent one night in the apartment (no stove or fridge).

My question is this, in addition to a return of my security and 1st month's rent am I entitled to a reimbursement of any costs or expenses associated with moving fees, storage and general inconvenience since I had also already vacated my previous residence. Also I signed the lease but provided written expectations associated with the apartment which was agreed to and then breached by the landlord. Who in this case first violated the terms of the lease? Me for moving out or the landlord for not adhering to what was promised? The reason I ask this last question is because now the landlord is saying the lease remains in effect. Am I entitled to any punitive damages in civil court?


Asked on 8/25/09, 10:31 am

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

You are entitled to the return of your deposit and rent payment and compensation for your moving expenses which are consequences of the breach of contract. I doubt that you can get punitive damages or compensation for the inconvenience.

You have a small claim which you can file yourself in the small claims section of the Special Civil Part of the Superior Court of New Jersey, in the county courthouse in the county where the

apartment in question is located. The jurisdictional limit is $3,000 which I would expect exceeds the total of the rent deposit, rent paid and moving expenses.

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Answered on 8/30/09, 10:45 am
John Corbett Corbett Law Firm LLC

On the facts that you present, it seems fairly clear that the landlord breached the lease by, among other things, failing to deliver possession of the premises in habitable condition. At common law, you are entitled to recover all damages that flow from the breach. However, since you did sign a lease, the written instrument may modify the damages. Have a lawyer in your area read the lease and give you specific advice.

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Answered on 8/30/09, 10:47 am


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