N.J. DCA Landlord/Tenant Information Series — (English)

Citation: N.J. DCA Landlord/Tenant Information Series — (English)
Jurisdiction: New Jersey (state)
Source: Official source
Original Source: https://www.nj.gov/dca/codes/publications/pdf_lti/t_i_r.pdf ↗

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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 items necessary to make
the rental unit habitable. Example of defects of vital facilities include broken toilets, no hot
or cold water, lack of heat or electricity, broken windows, or air conditioning.
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 to the landlord should be given by the
tenant in writing and by certified mail, return receipt requested.
A maintenance problem that does not threaten residents’ safety, or does not affect
habitability, does not provide a basis for rent withholding or repair and deduct. Rent withholding
was authorized when the New Jersey Supreme Court held that the obligation of a tenant to pay
rent and the obligation, (whether written or not) on the part of a landlord to maintain the property
in a livable condition are mutually dependent (Berzito v. Gambino Rental Abatement, 114 N.J.
Super. 124 (1971), 63 N.J. 460 (1973); Housing Authority of City of Newark v. Scott, 137 N.J.
Super. 110 (App. Div. 1975)).
The New Jersey Supreme Court has permitted the self-help remedy of “repair and deduct.”
A landlord promises at the beginning of a lease that the vital facilities needed to make the dwelling
unit livable are in good condition and the property will be maintained. When there are defects in
the vital facilities, a tenant must first notify the landlord of the situation and allow a reasonable
amount of time for the landlord to make repairs or replacements. If