Newark, NJ asked in Landlord - Tenant for New Jersey

Q: Can my landlord install a lock box on the thermostat in my apartment if it’s not stated in the lease?

I live in a 2 family house. I have reported my landlord to the board of health several times for not providing heat. He’s been fined several times which resulted in a court hearing that he failed to appear for. I’ve reported him to the police station several times for not providing heat during freezing cold temperatures. They would go to his house and force him to turn on the heat. I also filed a complaint with the court which the judge issued a court order to turn on the heat and leave it on. He also failed to appear to this court hearing. He recently installed a lock box over the thermostat which is in the living room in my apartment. Is this legal considering it’s not anywhere in my lease that he was going to do this? Since he’s put the lock box, the heat has stopped working several times. When I text him telling him the heat is not on he gets defensive and says if the lock box is tampered with, he’ll file for an emergency eviction. Can he do that?

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2 Lawyer Answers
Morris Leo Greb
Morris Leo Greb
Answered
  • Landlord Tenant Lawyer
  • Rockaway, NJ
  • Licensed in New Jersey

A: The installation of the lockbox has created an even greater obligation on the landlord to maintain the appropriate heat and cooling levels. He now becomes completely responsible. Pursuant to the provision of quiet enjoyment how was the landlord able to enter your apartment? Did you give him permission to do so?

1 user found this answer helpful

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

A: No. I would suggest the failure to provide heat this time of year to constructive eviction and is illegal in New Jersey. Since there is a prior order requiring him to provide heat, I would suggest your next step is to go back to court and get an order finding him in contempt and requesting an arrest warrant.

1 user found this answer helpful

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