One of the most common reasons for disputes between New Jersey landlords and tenants is tenant dissatisfaction with the upkeep and repairs on apartments.It is common for both parties involved in the rental agreement to retain an attorney in Wall, NJ to settle a disagreement.Understanding the legal obligations for landlord repairs and tenant maintenance begins with the New Jersey landlord-tenant law that includes the warranty of habitability.
When Tenant Complaints Produce No Results
There are tenants who complain incessantly and ask for unreasonable services or repairs. For example,a tenant contacted an attorney because the Monday morning mowing service disturbed his phone calls to Medicare.He wanted the mowers to cease working while he was on the phone so he could hear.Clearly,the tenant has no legal basis for his complaint.
This same tenant also reported that water streamed into his apartment through the window air conditioner when there were heavy rains.In this case the landlord must respond and repair the problem.Per the law, a tenant does have a right to safe and decent housing and a wet apartment is not either.
Tenants are often complaining to the attorney in Wall, NJ dealing with landlord-tenant disputes that their rental property has become unhealthy and not safe to live in due to mold, insect infestations,heating or cooling systems not working or plumbing problems.Many times the problem is the landlord will not take steps to resolve the maintenance and repair issues.When that happens, the tenant can evoke the warranty of habitability in the lease which has the force of law.
Express Warranty of Habitability
New Jersey landlords have a duty under the law to keep rental properties safe and decent.A tenant's lease should include a clause that places an obligation on the landlord to make necessary repairs as they arise.If the repairs are not made, the landlord is failing to meet the terms of a contract.As a tenant that means you can sue the landlord for specific performance.
The warranty of habitability only covers certain things though. The landlord must keep the items operable and maintained if essential to your health and safety.In addition,the landlord must adhere to any contractual agreement made for maintenance and repairs of any other items listed in the lease.
The warranty of habitability includes taking care of:
>> Heating and cooling systems
>> Electricity
>> Gas
>> Appliances (refrigerator, cooktops, stoves, dishwashers etc.)
>> Hot and cold water
>> Common area cleaning
>> Door and window locks
>> Insect control
In buildings with three or more units the standards are even higher.These buildings must meet standards established in the New Jersey Hotel and Multiple Dwelling Health and Safety Code.The items included in this Code extend to the specifics just listed, but also includes the following and more:
>> Garbage
>> Painting
>> Lead paint
>> Living Space
>> Ventilation
>> Window screens
Landlord Obligations and Tenant Rights
If you are having trouble getting a landlord to supply the basic maintenance and repairs required by the law,you should get the help of an attorney in Wall, NJ. There are several legal options that can be pursued including taking the landlord to court or reducing the rent payment.
The Warranty of Habitability protects the rights of the tenant to live in a safe and decent unit in exchange for paying rent.A landlord who does not adhere to the law should be legally held responsible.It's an obligation and not a right on the part of the landlord.
When Tenant Complaints Produce No Results
There are tenants who complain incessantly and ask for unreasonable services or repairs. For example,a tenant contacted an attorney because the Monday morning mowing service disturbed his phone calls to Medicare.He wanted the mowers to cease working while he was on the phone so he could hear.Clearly,the tenant has no legal basis for his complaint.
This same tenant also reported that water streamed into his apartment through the window air conditioner when there were heavy rains.In this case the landlord must respond and repair the problem.Per the law, a tenant does have a right to safe and decent housing and a wet apartment is not either.
Tenants are often complaining to the attorney in Wall, NJ dealing with landlord-tenant disputes that their rental property has become unhealthy and not safe to live in due to mold, insect infestations,heating or cooling systems not working or plumbing problems.Many times the problem is the landlord will not take steps to resolve the maintenance and repair issues.When that happens, the tenant can evoke the warranty of habitability in the lease which has the force of law.
Express Warranty of Habitability
New Jersey landlords have a duty under the law to keep rental properties safe and decent.A tenant's lease should include a clause that places an obligation on the landlord to make necessary repairs as they arise.If the repairs are not made, the landlord is failing to meet the terms of a contract.As a tenant that means you can sue the landlord for specific performance.
The warranty of habitability only covers certain things though. The landlord must keep the items operable and maintained if essential to your health and safety.In addition,the landlord must adhere to any contractual agreement made for maintenance and repairs of any other items listed in the lease.
The warranty of habitability includes taking care of:
>> Heating and cooling systems
>> Electricity
>> Gas
>> Appliances (refrigerator, cooktops, stoves, dishwashers etc.)
>> Hot and cold water
>> Common area cleaning
>> Door and window locks
>> Insect control
In buildings with three or more units the standards are even higher.These buildings must meet standards established in the New Jersey Hotel and Multiple Dwelling Health and Safety Code.The items included in this Code extend to the specifics just listed, but also includes the following and more:
>> Garbage
>> Painting
>> Lead paint
>> Living Space
>> Ventilation
>> Window screens
Landlord Obligations and Tenant Rights
If you are having trouble getting a landlord to supply the basic maintenance and repairs required by the law,you should get the help of an attorney in Wall, NJ. There are several legal options that can be pursued including taking the landlord to court or reducing the rent payment.
The Warranty of Habitability protects the rights of the tenant to live in a safe and decent unit in exchange for paying rent.A landlord who does not adhere to the law should be legally held responsible.It's an obligation and not a right on the part of the landlord.
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