New Jersey recognizes an implied warranty of habitability in every residential lease under Marini v. Ireland, 56 N.J. 130 (1970), regardless of lease language. If a landlord fails to repair vital facilities after notice, the tenant may use repair-and-deduct or, under Berzito v. Gambino, withhold rent and obtain a rent abatement.
In Marini v. Ireland, 56 N.J. 130 (1970), the New Jersey Supreme Court held that a residential lease carries an implied covenant that the premises are fit for habitation, with "no latent defects in facilities vital to the use of the premises" and that those facilities "will remain in usable condition." Where a landlord fails to make a vital repair after the tenant gives notice and a reasonable chance to fix it, the tenant may make the repair and deduct the reasonable cost from rent. Berzito v. Gambino extended this, holding the duties to pay rent and to maintain habitable premises mutually dependent and letting the tenant withhold rent and receive a rent abatement reflecting the property's reduced value while defective.
No specific statutory penalty. A tenant may deduct repair costs, withhold rent, or assert breach of habitability as a defense and counterclaim in an eviction case, with the court setting a rent abatement; serious code violations can also trigger rent receivership under N.J.S.A. 2A:42-85 et seq.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Brick, NJ
Brick Township prohibits owning, keeping, or harboring any animal that, by frequent or habitual howling, barking, meowing, squawking, or other noisemaking, c...
Brick, NJ
Brick Township prohibits commercial construction, repair, alteration, and demolition work in residential or commercial zones between 6:00 PM and 7:00 AM. Con...
Brick, NJ
Brick Township declares excessive noise a serious hazard to public health. The noise ordinance prohibits construction and commercial activities in residentia...
Brick, NJ
Brick Township prohibits parking on front lawns under Section 267-8. All vehicles must be parked on designated hard surfaces. Driveways must comply with the ...
Brick, NJ
Brick Township prohibits trailers, semitrailers, and truck tractors from being stored on residential zone properties (R-R through R-M). Recreational vehicles...
Brick, NJ
Brick Township does not have a township-wide overnight street parking ban, making its rules relatively tame compared to many NJ municipalities. Specific stre...
See how Brick's repairs & habitability rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.