Legal Question in Real Estate Law in New Jersey

New Landlord / Remaining unresolved problems

The apartment in which I live is decrepid, uninhabitable. 2 months after I moved in, the landlord put in a dog-groomers shop right next door to me, even though I told him I am extremely allergic and intolerant of dogs. I've had a lot of damage done to my car due to inadequate parking, several things have been stolen from my mailbox. My complaints to the landord have been ignored. i continued to pay rent. the apartment was purchased by a new owner. I need to get out of here, having trouble finding a place due to my unemployment, I want to get back my security deposit and some of the rent which I foolishly paid. Is there any hope for me?


Asked on 3/21/98, 11:23 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

New Landlord / Remaining unresolved problems

If you have a written lease, the terms of the lease would govern the landlord's right to put a dog-grooming show next to you. It should also provide who is responsible for repairs and maintenance of your apartment and of the property it is a part of. You should be putting your complaints to the landlord in writing, and sending them via certified or registered mail return receipt requested, as well as regular mail or delivering them to a management office. You can certainly raise the issues with the new owner. But the purchase of the building does not change the terms of your lease.

You may wish to consult with a real estate attorney near you, to determine if all of the conditions amount to "uninhabitable" as it is defined by law. If the apartment is uninhabitable, you may be able to get out of the lease and get your security deposit back.

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Answered on 3/31/98, 10:50 am


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