N.J. DCA Landlord/Tenant Information Series — (English)

Citation: N.J. DCA Landlord/Tenant Information Series — (English)
Jurisdiction: New Jersey (state)
Source: Official source
Original Source: https://www.nj.gov/dca/codes/publications/pdf_lti/t_i_r.pdf ↗

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unfit, or unsuitable for occupancy. Reste Realty v. Cooper, 53 N.J. 444 (1969), established the
foundation for constructive eviction. If a tenant invokes the remedy of constructive eviction, and
the landlord is found to be negligent in maintaining the rental unit, the tenant is entitled to the
return of the security deposit and is not responsible for the rent for the balance of the lease or the
cost of re-renting the property.

3. Rent abatement (reduction) – Upon entering into a lease, the tenant’s promise to pay rent and
the landlord’s warranty of habitability are interdependent. In Berzito v. Gambino, 63 N.J. 460
(1973), the court held that a tenant claiming that the landlord did not maintain the property in a
habitable condition may initiate an action to recover all or part of the deposit paid when the lease
was finalized or all of the rent paid. If the court finds that the landlord did not maintain the property
in a habitable condition, the tenant will be charged only with the reasonable rental value of the
property in its imperfect condition during the tenancy.

4. Withholding the rent or a portion of the rent – If the landlord breaches his obligation of
maintaining the property at an adequate standard of habitability, a tenant may withhold the rent or
a portion of the rent to be used as a set-off, because of the deficient condition. If the landlord
institutes an eviction proceeding for non-payment of rent, the tenant is entitled to use the landlord’s
breach of obligation to provide a habitable residence as a defense and justification for the set-off
(deduction of rental payment) (Marini v. Ireland, 56 N.J. 130 (1970))