Legal Question in Landlord & Tenant Law in New Jersey

Tenant/Landlord

thank you in advance.

My question is.. I am living in an apartment with my son, this apartment has one door to come in and out. I asked the the landlord if this was common he said.yes. I asked what if there is a fire covering my entrance, where do I go.

Also I called our health department and I was told that my apartment has no certificate of occupancy, they inform me that the landlord has to call to schedule inspections.

Meantime I am living in an unhabitable, unsafe home, I have not paid the rent for 2 months yet I informed that landlord that I will pay it all by january 2, 2008..he still sent me an eviction to be in court on the first week of january.now since I know about the C/O and I do not live in the safest environmentI do want want to pay any rent. I would rather he cover my moving expense and return my security.

Please educate me on this matter, when I go to court, I do want want to go unprepared.

again thank you very much.


Asked on 12/21/07, 3:04 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Tenant/Landlord

You may have a habitability defense to the eviction but you must be prepared to pay the clerk of the court all of the back rent on the day that the case is called for trial. If you do not do that, the judge has no choice but to evict you regardless of how meritorious the defense may be. The Landlord/Tenant Court will not decide any money issues between you and the landlord. That judge will only decide whether or not the landlord can evict you for non-payment of rent.

If what you really want is to move to a different place, you may be able to do that based on a breach of the lease. That issue would be decided by a different judge. Whether or not you have a good case depends on what your lease says and other facts that you have not included in your question.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 12/21/07, 5:14 pm


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