Can I Break the Lease if the Landlord is Harassing Me?

Full question:

I have a real estate agent, whose name is on the 'lease' but yet is NOT the landlord. This man has been continually harrassing me with letter after letter,and even saying, 'i can get into a lot of big trouble' his exact wording, due to a check for which bounced, but yet I replaced a check to the LANDLORD and all is well. However, I want to get out of the lease now, due to harrassment, by dropping off a letter to me day after day along with adaging how he is able to 'get me in trouble?' The threat is a continued clear nuisance, at the point I am about to call the police, to be put this on record at least, as I am now fearing for my safety as well as my child whose a girl teenager, age 14. She is scared being here as I am now and we have not caused any issue but read on...When he took the money from me in cash security 2210. He was so happy, nice, mature sounding, man mid sixties or a little older or younger, now is acting and clearly by all standard, engaging in what I feel is using unprofessional conduct, and words in a written letter I can't repeat here. I have done nothing wrong.I paid 1/2 rent in cash and ALL SECURITY IN ALL CASH. This R.E. agent is acting as if he is a landlord where I reside, by the constant calls, popping up, encompass with such yelling at me during the time my young teen girl was in the house witness, now is scared of the real estate agent, as myself. I will not live in such a state of panic, fear, hence I want to get out of the lease asap. Is this reasoning of such validity, to be utilized to prepare a letter to the LANDLORD for which name is AFTER the broker's name on the lease. Also I now am feeling the rent is way too high and many things like SOFT WOOD FEELS LIKE THE floor is going to cave in. I complained about it nicely 5x, have a recorded proof of such, yet, no call back from either the real estate agent, who prepared the lease, nor the woman and man landlord. The toilet ran all 2 weeks since moving in, (he did fix this) but now it do not at all flush fast, takes like 2 min. to flush along with NO Fridge. I had to buy one, along with bugs. I have seen since day 5. Now I've been at the 3br. home. for now 21 days and I am clearly not feeling safe, and feel it is way too high, encompass with MOST important the floor, is a clear danger, but he still rented this to me, without letting me know about the seemingly rotted soft wood. I'VE DONE RESEARCH BEING A FUTURE ATTORNEY ONE DAY and I realize this 'real estate agent' actually charged me like $1,375.00 for this three bedroom NJ apt.first floor, 2 family house, but yet CRAIGLIST and OTHER SITES ESTABLISH he was asking in advertisement only 1300.00. I feel he has, thus been so deceitful, as I immediately brought it to his attention too. I feel this situation living here with this REAL ESTATE AGENT,non-landlord will get worse, and I am looking for a way to break LAWFULLY the lease. I feel this is best to get out EARLY not later.He is pressuring me to buy it. The lease adage,'HOUSE TO BUY' BY RENTING 'first' the 1st floor. I did not realize it till I triple checked when I got into the house, and should have done so earlier, but was already August 1st and I wanted to get in at the time not realizing all of the aforesaid issue(s)and below. I had to be the one who exterminates, to clean it of bugs, as I did not know it has a bug issue. The tub is badly chipped. Not fixed yet, I have ask them to repeatedly NO REPLY. I have notice, as my child BUGS, repeatedly. No one has yet clean it ,at all so I bombed it with exterminating RAID stuff. He has in front of my child when the check bounce only 1/2 of the pymt due to other bills being paid, as I told landlord previously, do not cash it UNTIL further notice, and she did anyway. Then the real estate guy come over literally threatening to have me locked up and in front of my child. Severely, yelling ,cursing,a clear threat to me as my child is scared and I do not want to stay. I am a law student but want a EXPERT ATTY to tell me how and or if this warrants, is what constitutes getting out of my new jersey lease for 1 yr.

• Category: Landlord Tenant
• Subcategory: Lease Violation
• Date: 04/07/2025
• State: New Jersey

Answer:

It is possible you may terminate the lease for a breach of the warranty of habitability or breach of the covenant of quiet enjoyment, as described in the answer below.
You may use evidence such as as photographs or a licensed housing inspector's report and give the landlord written notice of the problems you are requesting be corrected before moving out. You must give the landlord an acceptable amount of time to make the repairs. No set definition for "reasonable time" exists, and if the landlord sues, the judge would decide whether the tenant waited long enough before breaking the lease. Some repairs, such as no heat in middle of winter, call for a faster response from the landlord because of the immediate health and safety danger.

A tenant can break a lease by giving 30 days' notice if she or her child is in immediate physical danger at the rental address. The notice must include the name of the person who poses the threat. We are prohibited from giving legal advice, as this service provides information of a general legal nature.

In general, a warranty of habitability requires landlords to maintain safe and sanitary housing fit for human habitation. The warranty of provides protection against those conditions that materially affect the health and safety of the tenants or those deficiencies that, in the eyes of a reasonable person, deprive a tenant of those essential functions which a residence is expected to provide. Electricity and gas services are considered part of the implied warranty of habitability in a lease. Abnormal conduct or use by the tenant may void this warranty. "Habitability," for purposes of a landlord's warranty of habitability is not the same as no risk of harm. An apartment can provide adequate shelter and amenities, as promised, and still be a place which presents some risk.

This warranty is implied into all leases and generally requires the landlord to deliver livable quarters at the tenancy's inception and to maintain the premises in a habitable condition throughout the term, and conditions the tenant's covenant to pay rent on the habitable condition of the premises. A landlord is required to make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. To constitute a breach of the warranty, the defect complained of must be shown to be of a nature and kind which will prevent the use of the dwelling for its intended purpose to provide premises fit for habitation by its dwellers.

The warranty of habitability is not intended to make the landlord a guarantor of every amenity customarily rendered in the landlord-tenant relationship, but only provides protection against those conditions that materially affect the health and safety of the tenants or those deficiencies that, in the eyes of a reasonable person, deprive a tenant of those essential functions which a residence is expected to provide. "Habitability," for purposes of a landlord's warranty of habitability is not the same as no risk of harm. An apartment can provide adequate shelter and amenities, as promised, and still be a place which presents some risk.

Factors to be considered in determining whether a condition or defect constitutes an actionable breach of the warranty include:

(1) whether the condition violates a housing law, regulation, or ordinance;
(2) the nature and seriousness of the defect;
(3) the effect of the defect on safety and sanitation;
(4) the length of time the condition has persisted; and
(5) the age of the structure. Lack of hot water or door locks may constitute a breach of the warranty of habitability.

A condition which may endanger or materially impair the health or safety and well-being of an occupant is sufficient to violate the warranty of habitability. Factors aiding a court's determination of the materiality of a landlord's alleged breach of a residential lease include:

(1) the seriousness of the claimed defects and their effect on the dwelling's habitability
(2) the length of time the defects persist,
(3) whether the landlord received written or oral notice of the defects,
(4) whether the residence could be made habitable within a reasonable time, and
(5) whether the defects resulted from abnormal conduct or use by the tenant.

Additionally, to assert a breach of the implied warranty of habitability except where otherwise provided by statute, the tenant must prove that he or she gave notice to the landlord of the defect or condition, that the landlord had a reasonable opportunity to make the necessary repairs, and that he or she failed to do so.

In New Jersey, a landlord must give notice before evicting tenants. A tenmant without a written lease is typically considered a month-to-month tenant-at-will. If the tenant fails to leave after the notice, they may be removed through the eviction process. The eviction process for a tenant in default is not waived when the tenant is in more severe financial straits.

Tenants have the right to privacy within their dwellings. However, landlords may enter with reasonable prior notice and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without prior notice of tenant’s consent. A landlord may not abuse the limited right of entry or use it to harass a tenant.

The tenant has the right to peaceful enjoyment of the property, but the lease can modify this right. Unless the lease provides otherwise, the landlord does not have a right to enter the property without permission of the tenant except to demand payment of rent or to make emergency repairs. A tenant can sue a landlord for violating the tenant's rights.

Please see the NJ statutes below to determine applicability:

2A:18-61.2 Removal of residential tenants; required notice; contents;
service.

No judgment of possession shall be entered for any premises covered by
section 2 of this act, except in the nonpayment of rent under
subsection a. or f. of section 2, unless the landlord has made written demand and
given written notice for delivery of possession of the premises. The
following notice shall be required:

a. For an action alleging disorderly conduct under subsection b. of
section 2, or injury to the premises under subsection c. of section 2, or
any grounds under subsection m., n., o. or p. of section 2, three days'
notice prior to the institution of the action for possession;

b. For an action alleging continued violation of rules and regulations
under subsection d. of section 2, or substantial breach of covenant under
subsection e. of section 2, or habitual failure to pay rent, one month's
notice prior to the institution of the action for possession;

c. For an action alleging any grounds under subsection g. of
section 2, three months' notice prior to the institution of the action;

d. For an action alleging permanent retirement under subsection h. of
section 2, 18 months' notice prior to the institution of the action and,
provided that, where there is a lease in effect, no action may be
instituted until the lease expires;

e. For an action alleging refusal of acceptance of reasonable lease
changes under subsection i. of section 2, one month's notice prior to
institution of action;

f. For an action alleging any grounds under subsection l. of
section 2, two months' notice prior to the institution of the action and,
provided that where there is a written lease in effect no action shall be
instituted until the lease expires;

g. For an action alleging any grounds under subsection k. of
section 2, three years' notice prior to the institution of action, and provided
that where there is a written lease in effect, no action shall be
instituted until the lease expires;

h. In public housing under the control of a public housing authority or
redevelopment agency, for an action alleging substantial breach of
contract under paragraph (2) of subsection e. of section 2, the period of
notice required prior to the institution of an action for possession
shall be in accordance with federal regulations pertaining to public
housing leases.

The notice in each of the foregoing instances shall specify in detail
the cause of the termination of the tenancy and shall be served either
personally upon the tenant or lessee or such person in possession by
giving him a copy thereof, or by leaving a copy thereof at his usual
place of abode with some member of his family above the age of 14 years,
or by certified mail; if the certified letter is not claimed, notice
shall be sent by regular mail.