Legal Question in Real Estate Law in New Jersey

Withholding rent while out of Apt. due to fire damage

Our apartment was one of 4 damaged due to an electrical fire started by maintence people working on a neighboring apartment. My husband and I were unable to live in our apartment for almost a month until the damage was fixed. We subtracted the days that we were unable to live in our apt from the rent and paid the remainder of the month the day we moved back in. The landlord is threatening to evict us if we do not pay the amount we subtracted. Are we responsible to pay for an apartment while it was unlivable?


Asked on 2/19/03, 12:59 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Withholding rent while out of Apt. due to fire damage

The answer depends upon the language contained in your lease. General law would allow you to deduct for the days the apartment was uninhabitable, but the lease provisions would control. This should be covered by the provisions entitled Damages, Repairs or an equivalent. If you have no written lease, the general rule would control and you have a defense to any eviction action by the landlord. Additionally, if you incurred expenses while you were denied occupancy, you might be able to reover them from the landlord since it was his workman that caused the problem. This may also be covered by the lease terms.

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Answered on 2/19/03, 1:08 pm


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