Legal Question in Real Estate Law in New Jersey

i started to rent a house a few months ago in a year lease. I live with my wife and 2 year old daughter. A couple of weeks ago we went away for weekend and came home to water seeping through the walls and ceilings. I went up to attic where AC unit is housed to find water over flowing from a turkey pan which was placed under the unit to collect expected water leak. It seems this must have happened in the past. My question is now that the walls are saturated with water they need to be removed. I think the job will probably take a couple weeks to complete job. I do not want my daughter around the house during construction. I know there is old insulation, dust, etc. that i do not want my daughter exposed to. I dont want to break the lease; however, i do not feel i should have to pay for the two weeks in which i will have to find other living situation. What are your thoughts and my options. Thank you


Asked on 8/23/10, 7:27 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Consult, as soon as possible, with a real estate lawyer who has experience in landlord - tenant matters.

The lease may have provisions about who is responsible for repairs and maintenance, and the condition in which the property should have been when you moved in.

Even without everything having been specifically covered by the lease, tenants have certain rights to a home that does not pose significant health and safety risks, including whether or not it is appropriate to be living there while substantial repairs are made.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 8/29/10, 8:57 am


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