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Posted by TenantNet on January 09, 1999 at 15:28:37:

In Reply to: Re: if no repairs, can I break lease? posted by DK on January 03, 1999 at 19:59:36:

: I believe that the New Jersey law is similar to New York's on the subject of constructive eviction. You have to be able to show that the landlord's failure to make repairs has the effect of making it unreasonable for you to remain in the apartment. It is important that you be able to prove that the landlord had notice of the conditions and failed to correct them within a reasonable time.

I'm not sure about NJ, but in addition to the above issue, constructive eviction, I would also think that lack of repairs constitutes a violation of the warranty of habitability (statutory in NY, but implied elsewhere) and that in itself is a breach of lease and therefore grounds to break the lease. But if you're in this situation, chances are you won't get your deposit back unless you withhold the last month's rent.

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: : I believe that the New Jersey law is similar to New York's on the subject of constructive eviction. You have to be able to show that the landlord's failure to make repairs has the effect of making it unreasonable for you to remain in the apartment. It is important that you be able to prove that the landlord had notice of the conditions and failed to correct them within a reasonable time.

: I'm not sure about NJ, but in addition to the above issue, constructive eviction, I would also think that lack of repairs constitutes a violation of the warranty of habitability (statutory in NY, but implied elsewhere) and that in itself is a breach of lease and therefore grounds to break the lease. But if you're in this situation, chances are you won't get your deposit back unless you withhold the last month's rent.


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