Lease Or Habitability Disputes In Southern New Jersey
Maintaining habitability is one of your legal responsibilities to your tenants. If your tenant is accusing you of renting out an uninhabitable property, you should consider talking to an attorney immediately about how you can best respond. We can help you understand your obligations to your tenants or support you in a habitability dispute. You may not be monetarily responsible for everything that breaks down inside of an investment real estate property. But ignoring the repairs that you may be responsible for can create serious problems, including time in court.
Your Duty To Habitability
As a landlord, you have many responsibilities to your tenants, but that does not mean you should see them all as burdens. Many of the things you are required to do when you own a rental property also help you maintain the value and appeal of the unit. If you are not performing your duty of repair and maintenance, you may be putting both yourself and the property at risk. Tenants in New Jersey have the right to safe and sanitary housing, and all residential leases created in the state carry an “implied warranty of habitability”. That means it must be kept in shape for residential use and that landlords are obligated to repair vital facilities such as the water, plumbing or roof.
Resolving Habitability Disputes
The law allows tenants to seek many remedies if they cannot get assistance from the landlord. These are the consequences of ignoring your responsibilities. If you allow your property to deteriorate and keep it in a poor condition, a tenant may utilize remedies (future rents). If you break the lease by allowing the unit to fall below habitable condition, your tenants have recourse by law, including handling the repairs themselves and then deducting the same amount from their rent. Using certain remedies, they can also walk away from your leases without penalty, and even demand the security deposit back. Meanwhile, the damage in the unit will still need to be addressed before someone new moves in. Broken facilities can quickly lead to unsafe conditions, and that can lead to a serious incident in your rental unit.
Broken facilities can quickly lead to unsafe conditions, and that can lead to a serious incident in your rental unit. Keeping your property in excellent condition is simply prudent. Avoid it all and hire an attorney.
We Can Help
Contact Robert A. Gleaner, P.C. at 856-804-1765 to learn more about how we can help you manage habitability disputes. We are here to answer any questions you have and to help you understand your options.