When Is a Rental Considered Uninhabitable? (2024)

Under the doctrine of “implied warranty of habitability,” landlords are required to keep their rental properties in livable condition. Uninhabitable living conditions clearly impact the tenant’s quality of life, well-being, and even safety – but what does this mean in practical terms? What are property owners/managers mandated to do under NJ habitability law?

Implied Warranty of Habitability Under NJ Habitability Law

Tenants have the right to housing that is safe, sanitary, and in decent repair. A landlord must ensure that their units are fit for residential purposes. While the tenant is responsible for maintaining the property during the length of their lease and returning it in the same condition (excluding normal wear and tear), the landlord must complete repairs and upkeep to maintain livable conditions.

Landlords must ensure:

• Structural elements (e.g., roofs, walls) are intact and safe.
• Common areas (e.g., corridors, stairways, elevators) are sanitary and secure.
• Water, electrical, plumbing, and utilities are working and safe.
• That their units comply with general housing rules and building codes (e.g., fire codes, occupancy, etc.)

Uninhabitable Living Conditions

What happens if landlords fail to comply with NJ habitability law requirements? Tenants have the right to withhold rent until the specific issue is addressed and conditions are livable. For example, if they have no heat in the winter, they may hold off paying rent until the landlord fixes the system. They may also “repair and deduct.” In other words, they can have the system repaired and then deduct the cost from their rent.

They can also file a complaint with the:

• Bureau of Housing Inspection. This is the agency that enforces the housing code for buildings that have three or more units.
• Health Department. This is appropriate for issues related to sanitation and health (e.g., sewage leaks or lead paint). It is also appropriate if there is no heat in the unit.
• Local Building Inspector. If the building has fewer than three units, tenants can contact the local building authority by contacting city hall or municipal building.

Ideally, the tenant approaches the landlord first and requests that the necessary repairs are completed in a timely manner. If you are involved in a tenant dispute related to “uninhabitable living conditions,” contact Callagy Law. We are committed to providing the most skilled, experienced legal representation to each and every client.