How and Why, Tenants Can Withhold Rent in New Jersey
Written by WFP Intern, Jill Goldsberry
As a tenant in NJ, there are many things you will have to navigate after moving into your dream apartment.
Okay, maybe it’s not your dream space, but it can be with a little work and some love.
But I digress. If you specifically live in Hudson County. you are likely to have quite a few reasons to hold off paying rent to your management company or landlord, and many of them are enforceable by law. You, as a tenant, are entitled to a habitable and safe home. That means running water, hot and cold, heat, appliances that work and a structure free of mold, mildew and pests.
Take Metropolis Towers in Jersey City. For example, a client experienced an onset of constant issues in the building; every winter, there was a boiler heat issue, and the entire building had no heat or hot water for a week in December. Every summer, the air conditioning system broke down when it was 90 degrees, leak coming from the ceiling, consistent infestations that were not taken care of in a timely manner. These are frustrating issues that management and owners did not take seriously to fix until forced by constant complaints from many tenants. Apparently, the building management and landlord were getting away with this behavior for quite some time.
All of these and more are valid reasons for a tenant to consider withholding rent. This does not mean you will keep your rent money and spend it elsewhere.
Note: It is very important to note that you as the tenant must not have caused any of the issues.
You can however, put your landlord on notice in writing that you have the right to withhold rent following these steps below.
- Notify your landlord in writing about the issue in your home and request repair asap.
- Provide and keep evidence with photographs, video, and copies of communication.
- Allow some time for repair appointments to be made. You should have communication within 48 hours from the landlord or maintenance on staff.
- If no contact is made, consider reaching the local housing code enforcement office for inspection and getting a copy of the results.
- If you decide to withhold rent, apply to the court and put it in escrow and continue to pay the rent into this account. This step protects you in the process.
- When or if your landlord sues for nonpayment, you will have proof of why your payments were withheld and where it’s located.
- When repairs are made, often tenants can proceed to release payments to the landlord . The judge may award the tenant part of the rent depending on findings and what is applicable in your state.
If you need more information or assistance in this matter, please contact The Waterfront Project.
Source: Investopedia “How to Withhold Rent Payments”