Legal Question in Real Estate Law in New Jersey

Landlord harassment

Myself and another family member have been renting a home since May 2002. An apartment downstairs & 1 upstairs. The landlord said he would be building a divider in the basement,an extra room for storage for himself. This would only take a couple weeks in MAY. It has been 5 months of him hammering drilling,no electric ..all hours of the days and weekends. We had agreed at times on days and nites dates. He has not stuck to them. He stays til 10:pm Comes when he wants,no warnings.Today he verbally abused a senior citizen that lives in the home. It was his house and he would come when he felt like it. We want to leave, but lease is up next April. What do we need to do? Please.


Asked on 9/25/02, 11:16 pm

2 Answers from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Landlord harassment

This appears to me to be a "constructive eviction". When you enter into a lease, you have a right to "quiet enjoyment" of your premises. By doing what he has done, he has violated this requirement of your lease and you have a right to leave, with no further obligation under the lease. Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 9/26/02, 6:30 am
Walter LeVine Walter D. LeVine, Esq.

Re: Landlord harassment

If your lease has a quiet enjoyment clause - invoke it. Write the landlord and tell him he is in violation of the lease by the continual intrusions and noise. Tell him if he continues you will withhold rent until he stops, or terminate the lease for his violation. If your Town has an anti-noise statute, call the police and file a complaint. Consider a complaint for harrassment also, by his verbal abuse and continual disruption of your right to quiet enjoyment.

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Answered on 9/26/02, 12:24 pm


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