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.
Fair Lawn, NJ
Fair Lawn requires all private swimming pools to be enclosed by a barrier at least four feet high with self-closing, self-latching gates per the Uniform Cons...
Fair Lawn, NJ
Fair Lawn prohibits barbed wire, electrified, and razor wire fences in residential zones and requires safe, durable materials installed with the finished fac...
Fair Lawn, NJ
Fair Lawn requires a zoning permit before installing or replacing fences, with applications reviewed for height, location, setback, and material compliance u...
Fair Lawn, NJ
Fair Lawn limits fences to four feet in front yards and six feet in side and rear yards within residential zoning districts under the Borough Code.
Fair Lawn, NJ
Fair Lawn regulates the storage and use of liquefied petroleum gas through its fire prevention chapter, adopting Uniform Fire Code limits on cylinder size, l...
Fair Lawn, NJ
Fair Lawn requires every swimming pool, hot tub and spa to be enclosed by a permanent fence or barrier under Borough Code Section 125-38 and the New Jersey a...
See how Fair Lawn'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.