Full question:
Do any of the following constitute grounds to withhold rent (no non set-off language in lease): no hot water, no water in kitchen faucet, front door unable to be locked. In other words, do these conditions prove evidence of 'inhabitability'? Please provide references for backup.
- Category: Landlord Tenant
- Subcategory: Repairs
- Date:
- State: New Jersey
Answer:
Generally, landlords must provide safe and sanitary housing fit for human habitation, known as the warranty of habitability. This warranty protects tenants from conditions that materially affect their health and safety or that deprive them of essential functions expected in a residence.
To breach this warranty, the defect must prevent the dwelling from being used for its intended purpose. While not every amenity is guaranteed, conditions that significantly impact health or safety may violate this warranty. Factors that courts consider include:
- Whether the condition violates housing laws or regulations;
- The seriousness of the defect;
- The effect on safety and sanitation;
- The duration of the condition;
- The age of the structure.
In your case, lack of hot water and a malfunctioning front door lock could constitute a breach of the warranty of habitability. A condition that endangers or materially impairs the health or safety of an occupant is sufficient to violate this warranty.
To assert a breach, tenants typically must show they notified the landlord of the defect, gave the landlord a reasonable opportunity to make repairs, and that the landlord failed to do so. In Marini v. Ireland, 56 N.J. 130 (1970), the New Jersey Supreme Court recognized an implied covenant of habitability, requiring landlords to maintain rental properties in a livable condition. The court also allowed tenants to make necessary repairs and deduct costs from future rent. This self-help remedy has been expanded to include rent reductions until repairs are made (see Berzito v. Gambino, 63 N.J. 460 (1973)).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.