Legal Question in Real Estate Law in New Jersey

Rights to hire outside contract work in a rented dwelling

I am currently residing, with my domestic partner, in an apartment. The apartment is part of a large complex of apartments, owned and, I think, operated by an LLC company, not an individual. My bathroom ceiling has had a leak for over a year now. This leak allows water in sporadically, however it is not a slow minor drip but rather a steady stream. The apartment complex provides maintenence service, and I did notify the proper offices and have had men into the apaprtment. I was told the problem was fixed, after two days of intensive work which involved my ceiling being taken down in the bathroom by the men employed for such purposes by the rental offices. The problem is not fixed, as I type the ceiling is leaking water. I have no faith in the competancy of the rovided maintenence crew, and would like to bring in independant contract labor to do the work. If I choose to do so, and notify the rental offices in advance, am I entitled to deduct any fees I may need to pay these independant workers from my monthly rent? If so, what steps should I take to do so?

Thank you.


Asked on 4/28/02, 8:54 pm

1 Answer from Attorneys
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: Rights to hire outside contract work in a rented dwelling

You have the common law right to repair and deduct after you have given the LL notice and a reasonable opportunity to remedy. The condition must affect the habitability of the premises. Consult the NJ Supreme court case of Marini v. Ireland, and it's progeny, or contact our firm for further assistance.

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Answered on 4/29/02, 8:44 am


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