Warranty of habitability

By mj

i’m renting a house in northeast nj for 2000 a month.  i talked my landlord down from 2200.  now, there are problems with the plumbing, the hot water in the shower doesn’t work.  the air conditioner can never achieve the temperature you set it at unless you stuff an extra ac unit with exhaust in the fireplace chimney and you put a sprinkler on the roof ( it’s a slate roof ).  there are holes that mice can and do get in through.  they have eaten all my power bars and m&m’s and such.  none of the windows have screens so i can’t open them unless i want bugs.  there is a severe mold condition due to hot water leaking from the shower.  there’s no gfi in the kitchen.  there are no locks for the garage door so i use chains to keep all the equipment safe.  i bought a rider mower, 3 blowers, a weed wacker and a snow thrower as i’m responsible for maintenance on the grounds.    in honesty i just mow the lawn and blow the leaves and don’t do much more.  i’m not the neatest person so the place is a little messy and so are the grounds, but pretty easy to correct. because i haven’t been able to get help and i’m single.  the faucets are old and i constantly have to replace washers.  the handle on the sinks faucets only works on one of them so i have to switch it from cold to hot.  now, since he came down in price he says i have to take care of upkeep ( this house was built in the 40’s and everything is as was, old old old.)  i told him he is obligated but he says it’s in the lease that i have to maintain it.  i said he is obligated to the warranty of habitability and he said if we want to go by the letter of the law i have not been keeping the ground to the letter of the lease and he’ll have all sorts of inspectors come in.  it was never mentioned that i would be getting less service, though service was poor to start with, in exchange for the drop in price, it’s not even legal.  i am working steadfastly on getting it neatened up and getting the grounds neater.  the place is so drafty that last year it cost my 750 bucks just to keep the temp between 62 – 65. i don’t really fear an inspection but i don’t know how i could get screwed with an inspection.  to be honest i wouldn’t mind getting out of this place and getting it declared for non occupancey i would be ok with becausei could live in an apartment much cheaper.  .where should i go with this.  my lease expires in june and i have asked for a copy as i can’t find the one i had gotten originally.  i really think this guy is being a bad landlord and nto conducting himself honorably and i wouldn’t mind skewering him.  oh, and one more thing, i can never speak directly to him.  i always speak to his assistanst in the office and she relays what i say and relays back to me what he says.

Edited on: Tuesday, January 22nd, 2013 6:21 am

5 Responses to “Warranty of habitability”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)


August 27th, 2008 1:09 pm

The question is: To skewer or not to skewer your landlord, hehe. That did make me laugh. Well, where should I start with your landlord problem… how about with the contract. Typically, whatever you agree to is considered legally binding; unless of course it takes away some type of legal right. I’ve seen rental contracts that exclude maintance completely and then others that spell out each individual system and who is responsible for it… Since you are getting a rent discount of $200, you would think that you might be somewhat flexible with minor repairs. But I can also see how you might expect your landlord to take care of the property too. I suggest you get a copy of the agreement and read it through carefully, then take it from there.


August 27th, 2008 1:53 pm

thx rachel. good advice. i am waiting for the faxed copy of it. i actually did my best to try and repair the shower but it was beyond the ability of my father, an experienced home owner, and myself. i should also point out that i put money into the house, sanding and polishing the floors and running new electric to the library. -mj

NJ evictions

September 17th, 2010 9:18 pm

NJ evictions

Investing in and managing nonresidential real estate properties can be difficult for even the most seasoned investor. There are many issues that can stop a deal in its tracks at the last minute and cause delays that cost you thousands of dollars and weeks of frustration. A New Jersey real estate lawyer can help you avoid these issues or to resolve them more quickly whenever you are building, purchasing, selling, or managing a property that is not a residential property. Knowing what kind of properties a nonresidential real estate lawyer deals with will help you decide when you need to hire an attorney.


January 6th, 2011 3:42 am

С новым годом всех. Думаю что вырожу общее мнение. Статья очень хорошая. Автор молодец


March 11th, 2011 8:16 am

Во всем есть плюсы. Мы молодцы


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