New Jersey Habitability Bulletin

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.