Nutley, NJ asked in Landlord - Tenant for New Jersey

Q: Paying rent while the apartment was uninhabitable, is this reimbursable?

My brother was hospitalized and his apt ceiling collapsed making the house inhabitable, bathroom was unsafe. Management notified multiple times (have pictures and emails). We continued paying rent but he could not return home. He passed away at a rehab while waiting for repairs. I have continued paying rent while we clean it out. Manager called today and said he wants the keys in a week. Is this allowed? No one is living in apartment but we are still cleaning 40 years of basement storage. The apartment is empty with the exception of two pieces of furniture. The lease renews in November of each year.

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1 Lawyer Answer
Matthew Schutz
Matthew Schutz
  • Landlord Tenant Lawyer
  • Flemington, NJ
  • Licensed in New Jersey

A: I would stop paying rent after I send a letter to the LL outlining the history. I would also preserve the prior letters. I expect you are going to have to sue the LL after he refuses to return the security deposit. In that action I would also sue for the months the apartment was uninhabitable.

1 user found this answer helpful

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