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 ↗

Related Parts of This Source

Full Text

1,764 chars

a landlord fails to take action,
a tenant may have the repairs made and deduct the cost from future rent. However, a landlord may
still take a tenant to court for nonpayment of rent. As a defense, the tenant would have to prove
the presence of defects, the failure of the owner to act despite having received reasonable notice,
and the need to make repairs. In the event the matter goes to court, the tenant will very likely be
required to deposit the full amount of the rent with the court. If there is a finding in favor of the
landlord, in most cases, the unpaid rent must be paid by the end of the court day to avoid eviction.
If there are defects in the vital facilities and the landlord has not repaired them after
receiving proper and timely notice from the tenant, the tenant may either seek a decrease in rent
by court action or simply withhold rent. A landlord may bring an eviction action for nonpayment
of rent. As a defense, the tenant must prove the necessity to make repairs and the failure of the
landlord to act despite having received reasonable notice. To avoid possible eviction in the event
the court finds in favor of the landlord, the tenant should save the amount of money withheld so
that he will be able to pay it if ordered by the judge. It is advisable to set up a separate bank account
for this purpose.
As to air conditioning, the Superior Court, Appellate Division has held that air conditioning
that is part of the original tenancy may be considered a “vital facility,” and air conditioning failure
affects the habitability of the premises.
2. Constructive eviction – Constructive eviction occurs when a tenant breaks the lease without
penalties because the landlord is guilty of neglect or default, which makes the premises unsafe,