What can I do if my landlord won't fix uninhabitable conditions in New Jersey?

1. Implied Warranty of Habitability — Established in Marini v. Ireland, 56 N.J. 130 (1970), and reinforced by Berzito v. Gambino, 63 N.J. 460 (1973). It applies to all residential leases and may not be waived.

2. What Counts as Uninhabitable — Conditions that render premises unfit: no heat (N.J.A.C. 5:10-14.4 requires 68F day / 65F night Oct 1-May 1), no hot water, sewage, infestation, lead paint, mold, structural defects, broken locks. State Housing Code (N.J.A.C. 5:10) and local ordinances apply.

3. Tenant Notice to Landlord — Written notice and reasonable opportunity to cure; Marini requires good-faith effort to give landlord a chance to repair before self-help.

4. Repair-and-Deduct — Marini expressly allows tenant to make necessary repairs and deduct reasonable cost from rent. No statutory cap, but cost must be reasonable.

5. Rent Withholding / Escrow — Under Marini/Bloze v. Foltz, tenant may withhold rent and deposit with court. NJ courts routinely order Marini hearings to determine abatement.

6. Constructive Eviction — Long-recognized; tenant may vacate and terminate where conditions are so severe as to amount to eviction.

7. Affirmative Defense to Eviction — Habitability breach is a complete defense to nonpayment eviction under N.J.S.A. 2A:18-61.1 (Anti-Eviction Act).

8. Damages & Penalties — Rent abatement (often 25-100%), actual damages, and Marini hearing-determined credits. NJ Anti-Eviction Act limits grounds for eviction.

9. Retaliation Protection — N.J.S.A. 2A:42-10.10 prohibits retaliation, with no fixed window; landlord must show good cause for eviction. N.J.S.A. 2A:42-10.12 grants damages plus attorney fees.

This is legal information, not legal advice.