Who this article is for:
- Tenants whose heat, electricity, gas, or water are included in their rent.
- Any tenant whose landlord shuts off their utilities on purpose.
This article does not apply to tenants whose utilities are turned off because they didn’t pay their bill.
What is a landlord’s responsibility regarding utilities?
In New Jersey, a landlord has to keep rental units in good condition. That includes keeping the heat, electricity, gas, or other utilities running. They have to keep things like stoves, furnaces, and air conditioners working. When utilities are part of rent, landlords must keep the services on. It is against the law for a landlord to shut off their tenant’s utilities.
What type of actions by the landlord are unlawful?
It is against the law for your landlord to:
- Turn off the furnace to keep you from getting heat or hot water.
- Turn off the main circuit board to keep you from getting electricity.
- Ask the utility company to turn off your utilities because you have not paid the rent.
If your furnace, water heater, or electrical system are broken, tell your landlord right away. They must repair equipment in a reasonable time after you let them know.
What should you do if your landlord shuts off your heat, electricity, or water?
First, contact your landlord and notify them of the problem. Do this in writing by text or email.
If your landlord does not address the problem, contact your town’s code enforcement office. Code enforcement officers will usually respond quickly to a utility shut off.
The next step is to file an Order to Show Cause (OSC) in NJ Superior Court. You can do this by yourself or with the help of your local legal services office. A judge can order the landlord to turn the services back on.
If it is the beginning of the month when the rent is due, you can withhold the rent until your landlord fixes the issue. You must give your landlord written notice that you are holding the rent until the problem is fixed.
As a last resort, you can use your own money to make repairs and deduct the cost from future rent. Be sure to keep all receipts for any rent money used to fix the problem.
You must notify your landlord in writing of the problem before you hold rent or use your money for repairs. You must also give your landlord a reasonable chance to resolve it. Only do these things if your landlord doesn’t make repairs or you are sure they have turned off your services on purpose.
