Q: If a landlord in New Jersey rents me a house that has been found to be uninhabitable is the lease void?
I rented a house. After many years of trying to get the landlord to do repairs to no avail, I withheld rent. The house was then found to contain code violations that the state of New Jersey deems uninhabitable. My landlord did not renew my lease and is boarding up the house. Now my landlord has filed a civil suit against me seeking the unpaid rent I withheld. Does the fact that the my city and the state both find the house uninhabitable release me from the terms of the lease? In other words, do I have to pay the landlord the rent I withheld?
A: You may need to countersue him, indicating that rent is not due, but this would require some case law investigation and a review of the lease. I think you have a case. Good luck, our firm specializes in landlord tenant law, and your case is unique and compelling. Rodney Alberto, Esq. www.albertobrothers.com, 732-200-0779
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