Remedies if the landlord fails to maintain the property in a habitable condition
If the landlord does not keep the premises in a habitable condition, a tenant may repair any vital
deficiencies and deduct the amount of the repair from the rent. The landlord’s failure to maintain
the property could also lead to what is called a constructive eviction by the tenant. (See below for
explanation) The tenant may seek rent abatement (a reduction in rent) or withhold the rent or a
portion of the rent.
Before applying the remedies of repair and deduct, constructive eviction, rent abatement or
withholding the rent or a portion of the rent, the following must apply:
1. The defect must be of a “vital facility.” Vital facilities are those things necessary to make
the rental unit habitable. Examples of defects to vital facilities include: broken toilets,
no hot or cold water, lack of heat or electricity or broken windows.
2. The tenant must not have caused the condition.
3. The tenant must have notified the landlord that the deficient condition existed and
allowed the landlord adequate time to fix the defect. Notice should be given in writing
and by certified mail, return receipt requested.
1. Repair and deduct
Marini v. Ireland, 56 N.J. 130 authorized the self-help remedy of repair and deduct. A
tenant may repair vital facilities deficiencies and deduct the amount of the repair from the
rent.
2. Constructive eviction
Constructive eviction means that a tenant may break the lease without penalties because
the landlord is guilty of neglect or default, which makes the premises unsafe, unfit or
unsuitable for occupancy. Reste Realty v. Cooper, 53 N.J. 446, established the
foundation for constructive eviction.