Can the Landlord Detain a Tenant for a Repair?

Full question:

Because of the plumbing problems at our house, we also had some problems with our landlord. The landlord wanted us to pay every time we had a problem. I think the landlord make me pay for all the damage. So today I tried to fix the clogged up bathtub by myself. I was almost done fixing it, and I had a lot of things to do today, and I needed to leave soon. Then suddenly the landlord called me, and said that she will bring the plumber, I told her to come tomorrow, but the landlord didn't listen and just came. I needed to leave at that time. when the landlord came, I was about to leave but she blocked my car, and told me the wait for plumbing for 45 min. However I had no time, and needed to leave at that time but she held my car's front door so I couldn't do anything today.

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

Answer:

A landlord must give advance notice, such as 24 hours, of making a repair, unless it's an emergency, or in certain other cases. Typically, advance written notice is not required under any of the following circumstances:

To respond to an emergency.
The tenant has moved out or has abandoned the rental unit.
The tenant is present and consents to the entry at the time of entry.
The tenant and landlord have agreed that the landlord will make repairs or supply services, and have agreed orally that the landlord may enter to make the repairs or supply the services. The agreement must include the date and approximate time of entry, which must be within one week of the oral agreement

It will be a matter of subjective determination for the court based on the facts involved whether there was an emergency, whether the landlord gave advance notice, and whether it was reasonable for you to not be able to wait 45 minutes, and whether you were held against your will and unable to move in a way that amounted to falde imprisonment.