Q: My hot water tank has been busted for 10 days and the landlord still has not fixed it, can I terminate the lease ?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.