Legal Question in Real Estate Law in New Jersey

Landlord and Tenant

I put my rent in an escrow account until repairs on my apartment were being completed. After the repairs were completed I refused to pay because I found out that the home was going through foreclosure proceedings.

Now my landlord is taking me to court for non-payment. Does he have a case?


Asked on 6/14/00, 11:21 am

1 Answer from Attorneys
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: Landlord and Tenant

you can withhold the rent pending the repairs but you are still obligated to pay rent. You should read the seminal case in NJ on point captioned MARINI vs. IRELAND and print a copy of it out and bring it to court with you for reference. Tell the judge that you wish to raise a "Marini" defense and you will get your repairs done. You will have to post the rent with the clerk of the court.

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Answered on 8/07/00, 10:17 pm


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