How to Break Your Lease in New Jersey Due to a Rodent Problem

The tenant has a responsibility to abide by safety and health codes and the landlord has the responsibility to provide safe living quarters that are in good repair and free of pests. New Jersey has specific steps that a tenant must follow if he withholds rent or leaves the home before the lease termination date. If you have doubts regarding your legal rights, contact an attorney or a local housing agency.

Instructions

1

Submit a written complaint to the landlord. Try to get everything in writing, although the New Jersey landlord-tenant law allows verbal notification. Send the notification through certified mail and keep the receipt. You must give the landlord a reasonable amount of time to correct the problem and you can't legally withhold rent during this time. If the landlord fails to respond, you can file a complaint with the New Jersey Board of Health and the local code enforcement agency.

2

Document the problem. The state holds the landlord responsible for maintaining a habitable living space, but if you break your lease, the landlord could still sue you for the unpaid rent. In addition, if you want your security deposit back, you may have to sue the landlord. To win in court, you'll need proof of the problem. Take pictures of the rodents, if possible. Keep copies of all communication you have with the landlord and outside agencies.

3

Withhold rent, but deposit the rent money in a bank account. The landlord needs your rent money to pay his bills, so by not paying the rent, you put additional pressure on him. Don't spend the rent money because if the landlord goes to court to evict you, you'll want proof that you 're able to pay, but choose not to, due to the unhealthy living conditions. The judge may require you to deposit the overdue rent money with the court clerk and he may schedule a rent abatement hearing to give you a chance to present your case prior to issuing an eviction order.

4

Move out. If withholding rent doesn't work and you don't want to wait to be evicted, leave. New Jersey law calls this constructive eviction; you're leaving because the landlord refused to honor his contractual responsibilities. Prepare to be sued for the remainder of the rent due on the lease and have all your documentation in order.

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