Full question:
The basement of my rental house keep flooding, and now I am crawling with insects. Landlord finally had an exterminator spray, and now the bugs are worse then ever, crawling out of the air vents, running up walls, etc. There is no termination clause in my lease contract which expires on December 31st. I am sure that there is mold in the house because of the constant basement flooding. Landlord said they would have basement waterproofed in Spring, and we are now midway into the summer. Do I have grounds for a termination due to health conditions, (I have asthma) and cannot sleep because of the insect infestation?
- Category: Landlord Tenant
- Subcategory: Lease Violation
- Date:
- State: New Jersey
Answer:
A landlord is generally obligated to supply possession of the premises as agreed in the lease. The premises must meet minimum standards of habitability including compliance with applicable building codes. Unless you have an agreement to the contrary, the landlord is responsible for meeting building code requirements. Weatherizing, locks, running water, working plumbing, heating and cooling, pest control, and other basics must be in place. In New Jersey, if the property is not livable (through no fault of your own), you may be able to move out. You may not have to pay rent after you move, even though you have a lease. By law, for a place to be unlivable or "untenantable," the problem must be substantial and may include problems with waterproofing and weatherproofing; plumbing; running water; heat; electrical lighting; unclean grounds and building; roaches and rodents; garbage; or floors, stairs and railings that are in disrepair.
There are four options available to a tenant claiming that their warranty of habitability has been breached:
They could:
(i) declare that they have been constructively evicted and leave the premises;
(ii) repair the defect on the premises after giving the landlord a reasonable opportunity to do so and deduct the costs for repair from their rent;
(iii) withhold the rent until the landlord effects the repairs; or
(iv) make the repairs and proceed with suit against the landlord to collect the costs of same.
If the tenant determines that there is a problem that amounts to a breach of the implied warranty of habitability, the tenant should notify the landlord in writing of the problem and allow a reasonable period of time for the landlord to make the repairs.
It will be a matter of subjective determination for the court whether the premises are unihabitable or not. We suggest you call the local building department, as proof of a building code violation will be strong evidience of lack of habitability. Photos of the conditions should also be taken.
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.
