Central Jersey Legal Services is a nonprofit law firm that provides free legal assistance to low-income residents of Mercer, Middlesex, and Union Counties.

Central Jersey Legal Services is a nonprofit law firm that provides free legal assistance to low-income residents of Mercer, Middlesex, and Union Counties.

Habitability: What you’re entitled to as a tenant

by CJLS | Jan 11, 2022 | Housing-Problems, Landlord Tenant Law, Tenant’s rights

Hardship Stay of Eviction: The Worst Named Law in Housing

As a tenant, you have the right to safe and decent housing. That is in fact one of the benefits of renting versus owning: that it is the landlord’s responsibility to provide a safe place to live and one that is functional. It is the landlord’s responsibility to maintain the rental unit in good condition.

If you are experiencing issues in your rental unit and the property is in a state of disrepair that makes a portion of the rental or all of it uninhabitable, you should request that the landlord fix the issues. It is best to communicate in writing and keep a copy of the communication for yourself. (This will be useful if your case ever goes before a judge.)  When asking that the landlord make repairs, it is helpful to also let the landlord know your schedule, and when you would be available to receive workers in the unit.

If your landlord refuses to respond or make the repairs, the next step is to consider contacting your local housing inspector’ office to have the property evaluation for any code violations. If there are violations, the landlord will be notified and possibly fined if the repairs are not completed within a certain timeframe.

When you communicate your complaints to your landlord, you should also mention that if the repairs are not addressed, then you are planning on withholding rent payments.

Withholding the rent might motivate your landlord to complete the repairs. Another possibility is that it prompts your landlord to initiate an eviction case for nonpayment of rent.

When you withhold your rent due to habitability issues, it is important to set that rent money aside, in a separate account, and not spend it. When you go to court on the nonpayment of rent case, you can raise a habitability defense to nonpayment. The court will schedule a habitability trial for your case, but only if the withheld rent is paid into court for court to hold in escrow until your case is resolved.

Some tenants who experience habitability issues or a property that is in disrepair with an unresponsive landlord would rather move out than pursue a habitability defense to nonpayment of rent. Tenants should only withhold rent and raise habitability issues if they want to stay in the property and continue their tenancy. Tenants who prefer to move out might be better off looking for a new rental as opposed to tying their money up in court. Keep in mind that if you withhold rent and subsequently move out, the landlord might pursue a civil action against you for a money judgment for the back rent owed where lack of habitability may be a full or partial defense.

Before your case gets to the point where you have withheld rent and raise a habitability defense to nonpayment, make sure the issues at the property are serious code violations or otherwise unsafe, because courts will not entertain complaints about minor or cosmetic issues that don’t actually interfere with one’s ability to live in the property.

For more information about habitability issues, or for further assistance, please contact Central Jersey Legal Services.

Mercer County: (609) 695-6249
Middlesex County: (732) 249-7600
Union County: (908) 354-4340

 

Follow Us

Apply now for Legal Help at Central jersey Legal Service.

Recent Posts

Responding to a Credit Card Debt Lawsuit

Responding to a Credit Card Debt Lawsuit 回應信用卡債務訴訟

您是否曾因為收到債權人的訴訟文件,不知道該如何回應或沒有在時限內回應,而導致薪水被扣留,銀行賬戶被徵用或您的資產被設定留置權?  本文讓您了解您有什麼選擇以及如何與收債人談判。 忽視信用卡債務訴訟可能會導致嚴重的財務後果。一旦您收到“起訴書”(Complaint),您有 35...

read more...
Comments Box SVG iconsUsed for the like, share, comment, and reaction icons

Facebook Posts

Central Jersey Legal Services congratulates Leslie Chappo, Esq., on receiving the Mercer County Bar Association's Harry P. O'Malley Award. Leslie’s dedication to equal access to justice and advocacy for people who might otherwise go without legal representation has touched countless lives. Congratulations on this well-deserved honor!

Pictured: Leslie Chappo, Esq., with CJLS Deputy Director Dan Rubin, Esq.

#CentralJerseyLegalServices #CJLS #LeslieChappo #HarryPOMalleyAward #AccessToJustice #EqualJustice #LegalAid #MercerCountyBarAssociation #CommunityAdvocacy
... See MoreSee Less

Central Jersey Legal Services congratulates Leslie Chappo, Esq., on receiving the Mercer County Bar Associations Harry P. OMalley Award. Leslie’s dedication to equal access to justice and advocacy for people who might otherwise go without legal representation has touched countless lives. Congratulations on this well-deserved honor!

Pictured: Leslie Chappo, Esq., with CJLS Deputy Director Dan Rubin, Esq.

#CentralJerseyLegalServices #CJLS #LeslieChappo #HarryPOMalleyAward #AccessToJustice #EqualJustice #LegalAid #MercerCountyBarAssociation #CommunityAdvocacy

3 CommentsComment on Facebook

Leslie, congratulations! You deserve to be honored for all of your hard work throughout your career and the difference you have made in the lives of your clients

Well deserved Leslie.

Congrats to Leslie on this well-deserved honor!

Central Jersey Legal Services was proud to participate in the 2026 Senior Health & Fitness Walk on Wednesday, September 23, hosted by the Middlesex County Office of Aging & Disabled Services. Staff attorney Jose Roman shared elder law information and helped attendees learn about the free legal services CJLS offers to older adults and people with disabilities in our community.

#CentralJerseyLegalServices #CJLS #SeniorHealthAndFitnessWalk #ElderLaw #LegalAid #OlderAdults #DisabilityServices #MiddlesexCountyNJ
... See MoreSee Less

Central Jersey Legal Services was proud to participate in the 2026 Senior Health & Fitness Walk on Wednesday, September 23, hosted by the Middlesex County Office of Aging & Disabled Services. Staff attorney Jose Roman shared elder law information and helped attendees learn about the free legal services CJLS offers to older adults and people with disabilities in our community.

#CentralJerseyLegalServices #CJLS #SeniorHealthAndFitnessWalk #ElderLaw #LegalAid #OlderAdults #DisabilityServices #MiddlesexCountyNJ
Load more

Related Posts:

Connect with a Larger Community

CJLS provides a variety employment prospects for both legal and non-legal professionals.

Acquire meaningful experience while providing quality services to CJLS clients.

Help CJLS provide equal access to justice for low-income families.

Check out our Newsletter and stay informed on how CJLS is helping your community.