N.J. DCA Landlord/Tenant Information Series — Foreclosure, Tenants Rights Bulletin

If the landlord shuts off the utilities voluntarily or if the utilities are discontinued due to non-
payment, the tenant may contact the electric, gas, or water and wastewater public utilities
company and have the utilities placed in the tenant’s name for continued service to be billed to
the tenant, if a landlord-tenant relationship can be determined. This can usually be accomplished
by providing a copy of the lease agreement. See the regulations for public utilities at N.J.A.C.
14:3-3A.6. If the landlord was responsible for the payment of those utilities, the tenant may
deduct the utility costs paid by the tenant from the rent. The tenant may not be evicted for
nonpayment of rent if the tenant used the unpaid portion of the rent to continue utility services to
the rental premises after receiving notice that the services were in danger of being discontinued
or were discontinued.