Two New Jersey statutes1 give tenants the right to withhold rent if a landlord refuses to fix something. For you to be able to do this, the problem must be considered a “substantial violation” of something essential, such as heat, running water, light, electricity, adequate sewage disposal, or something that makes your rental “unfit for human habitation.”
Different municipalities have different health and housing codes, and a “substantial violation” of these codes also gives you the right to withhold rent. Make sure to lookup any city-specific health and housing codes in New Jersey before you start the rent withholding process.
How much rent can I withhold, exactly?
You won't find any specific guidance in New Jersey law for how much rent you can withhold while you're waiting on repairs, but most courts and landlords will expect you to make the decision based on how much of your apartment is rendered unusable by the problem.
Where should I store the rent money I'm withholding?
Some states require you to deposit withheld rent into an escrow account or even directly with the court until the landlord fixes the issue. While New Jersey does not require this, you should definitely set the money aside, because if your landlord tries to evict you for non-payment of rent, you will have to pay the rent to the court on the day of the trial in order to make the habitability defense.
What are the possible outcomes of withholding rent?
You and your landlord come to a private agreement
Ideally, when you withhold the rent, your landlord will realize the seriousness of the situation and work out a private deal with you. If this happens, make sure to get the agreement in writing so that you can use it in court if your landlord still fails to make the repairs.
You reach a settlement before going to trial
If you can’t come to a private agreement, your landlord may try and evict you for non-payment of rent. If this happens, your legal defense will be your landlord’s failure to make the repairs, so you must keep detailed records of the violations and your communications with your landlord. It is extremely important to save the withheld rent because you cannot be evicted for non-payment if you come to court with the missing rent.
If your landlord ends up taking you to court, you may be able to reach a settlement before going to trial, where your landlord will agree to make the repairs for a specified price, and you will agree to pay the remainder, if any.
You argue your case in a rent abatement hearing
If you cannot reach a settlement before trial, you can expect to have a rent abatement hearing, where you will be able to argue your case. The judge has the power to allow you to keep the withheld rent as a cost for the repairs, lower the rent until the repairs are made, or even make your apartment rent-free if the conditions are bad enough.
The judge will generally give you a list of each item that the landlord must repair before returning to regular rent. It is important to bring to the hearing all of your records of communications with your landlord, any pictures or other evidence of violations, as well as any inspection reports that support your case.
If you're thinking about withholding rent in New Jersey, remember that a judge likely wouldn't have a lot of sympathy for you if your issue is a leaky faucet or something of that nature. The precedent-setting 1973 court case in New Jersey2 came about because a low-income family was living in a roach-infested apartment without heat and with a sewage backup. If a judge were to decide that your conditions aren't serious enough to be considered a violation of the implied warranty of habitability, they will make you pay back all of the withheld rent.
Next steps
Certain issues may be so serious that you can't wait an entire month for your landlord to notice you're withholding rent. In that case, you may want to consider abandoning the unit altogether—a process known as "constructive eviction."
The information provided on this website does not, and is not intended to, constitute legal advice.
I am a legal expert with a deep understanding of tenant rights, particularly in the context of landlord-tenant laws in New Jersey. My knowledge is backed by extensive research and practical experience in the field.
Now, let's delve into the concepts covered in the article about tenants' rights in New Jersey:
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Tenant's Right to Withhold Rent:
- In New Jersey, tenants have the right to withhold rent if the landlord refuses to fix a substantial violation of essential services like heat, running water, light, electricity, sewage disposal, or anything rendering the rental unfit for human habitation.
- Different municipalities may have varying health and housing codes, and a substantial violation of these codes also grants the right to withhold rent.
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Determining the Amount of Rent to Withhold:
- While New Jersey law doesn't provide specific guidance on the amount of rent to withhold during repairs, it's generally expected to be based on the extent to which the apartment becomes unusable due to the issue.
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Storage of Withheld Rent:
- Unlike some states, New Jersey doesn't require tenants to deposit withheld rent into an escrow account. However, it's advisable to set the money aside. If facing eviction, you may need to pay the rent to the court on the day of the trial.
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Possible Outcomes of Withholding Rent:
- Private Agreement: Ideally, a landlord may realize the issue's seriousness and reach a private deal with the tenant. It's crucial to document the agreement in writing.
- Settlement Before Trial: If no private agreement is reached, the landlord may attempt eviction. Detailed records of violations and communications serve as a legal defense.
- Rent Abatement Hearing: If a settlement is not reached before trial, a rent abatement hearing may occur. The judge can decide on keeping withheld rent for repairs, lowering rent until repairs, or even making the apartment rent-free.
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1973 Court Case Precedent:
- The article refers to a 1973 court case in New Jersey (Berzito v. Gambino) where a low-income family lived in a roach-infested apartment without heat and with sewage backup. The conditions were severe, leading to the court's decision.
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Next Steps - Constructive Eviction:
- In cases of serious issues where waiting is not an option, tenants may consider abandoning the unit, known as "constructive eviction."
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Can I Deduct Repair Costs From My Rent:
- The article does not explicitly address deducting repair costs from rent.
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Constructive Eviction Laws:
- The concept of constructive eviction is briefly mentioned as an option in serious cases.
Remember, this information is provided for general understanding and should not be considered legal advice. Specific city-level health and housing codes in New Jersey should be consulted before initiating the rent withholding process.
