Philadelphia, PA asked in Contracts and Landlord - Tenant for New Jersey

Q: Regarding quiet enjoyment of my apartment. I have proof of complaints that a situation was ongoing for a year

I even called the police and have many witnesses who stayed over and several emails to management for a year period about the neighbors stomping and jumping upstairs all hours of the night. They have me in collections for two months rent. Because of their breach of the lease re quiet enjoyment are they entitled to this?

Related Topics:
1 Lawyer Answer
Morris Leo Greb
Morris Leo Greb
  • Landlord Tenant Lawyer
  • Rockaway, NJ
  • Licensed in New Jersey

A: I am not sure what you mean by the term "in collections". The landlord is not permitted any self help actions. He must file a complaint with the court. If the Landlord is violating the covenant of quiet enjoyment, you still have to meet your obligation to pay the rent. However, you can pay it into an escrow account and not to the landlord. If the situation makes continued residence, you make declare unlawful eviction and move. When you moved in did you pay a security deposit. If so, did the Landlord Provide you with a statement as into which bank the money was deposited together with the account number. Was a certificate of habitability obtained by the landlord from the municipality before you move in as required by law? These are important issues for protection. Failure to comply with prevent the Landlord from having the court hear the case. However, if you receive notice from the court of a hearing date, you must attend to present your defenses.

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.