Lodi, NJ asked in Landlord - Tenant for New Jersey

Q: My hot water tank has been busted for 10 days and the landlord still has not fixed it, can I terminate the lease ?

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1 Lawyer Answer

A: It's unreasonable for a landlord to take 10 days to repair a water heater in the dead of winter. This is a breach of the implied warranty of habitability and entitles you to certain affirmative actions such as having it repaired yourself or even moving out. Give your landlord 24 hours notice that you're paying to have the tank fixed by a qualified service and will be deducting it from your next rent payment. Tell him this is a health and safety violation of your rights under your lease and New Jersey laws. If he gives you a hard time consult an attorney.

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