Legal Question in Real Estate Law in New Jersey
Braking a lease contract
The basement of the house we rent it floods every time it rains heavy. My landlord knows about it and is doing nothing, except reimbursed us a vaccum that we bought for the flood. I don't have money to hire a lawyer to break my lease, my question is: Can I take my landlord to small court and ask the judge if I can brake the lease because of the flooding conditions we are living in. Landlord attempted once to cover the basement door (where the flood comes in without success in August, and has not done anything since then. We have lost a carpet and have damage some furniture we had in the basement. The house was rented with a basement but we can't really use it because it floods with heavy rain. What can I do? and what are my chances to be able to breake this lease?
1 Answer from Attorneys
Re: Braking a lease contract
Basements that get wet are common, so, unless it makes the home untenable (does it cause mold growth, a musty order you smell in the living areas, etc.), which may require you to get the place rinspected by the town and the C.O. recinded, OR your lease includes the basement, where you were told it was suitable for storage or other use, but unless it's in the lease, it comes down to your word against his.
One option may be - IF there is a relatively easy fix, you may be able to pay for the fix yourself, and deduct that cost from your rent, asserting it is a "necessary" expense to make the unit 'tenable', or to make the premises confiorming to match what was promised in the lease...
This is NOT an easy issue, subject to a black & white answer. Sorry, unless you work out something with your landlord, chances are you;ll need to retain an attorney.
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