Landlord repairs in New Jersey

Under New Jersey Supreme Court decisions, residential leases carry an implied warranty of habitability: the landlord promises the unit's vital facilities are livable and will be kept that way. Buildings with 3 or more units must also meet the state Hotel and Multiple Dwelling maintenance regulations, which require good repair, cleanliness, no infestation and no hazards. (Marini v. Ireland, 56 N.J. 130 (1970); Berzito v. Gambino, 63 N.J. 460 (1973); N.J.A.C. 5:10-5.1)

New Jersey law names these:

• (3+ unit buildings, N.J.A.C. 5:10) good repair, clean and free of infestation and hazards
• heat of at least 68°F from 6 a.m. to 11 p.m. and 65°F at other hours, October 1 to May 1
• building security
• smoke alarm systems or detectors
• properly functioning plumbing and electrical systems

Under the case law the tenant must notify the landlord of the defect and give adequate time to fix it before using repair-and-deduct, withholding or abatement. The DCA guide says notice should be in writing and sent by certified mail, return receipt requested. Before complaining to a government agency, the reprisal law requires the tenant to first bring the complaint to the landlord and allow a reasonable time to correct it. (NJ DCA Truth in Renting (Remedies); N.J.S.A. 2A:42-10.10)

No statute sets a number of days. The landlord must have a reasonable or adequate time after notice to repair a vital facility. For no heat, the tenant may contact the local health officer right after giving or trying to give notice to the landlord, and the local board of health may order repairs as the landlord's agent.

Law: Marini v. Ireland, 56 N.J. 130 (1970); N.J.S.A. 26:3-31(p)

Allowed with limits. Allowed by the New Jersey Supreme Court for defects in vital facilities (e.g., broken toilet, no hot or cold water, no heat or electricity, broken windows, or air conditioning that came with the tenancy) that the tenant did not cause, after notice and a reasonable time for the landlord to act. The landlord may still sue for nonpayment, and the tenant will likely have to deposit the full rent with the court and prove the defect, the notice and the need for the repair. No dollar cap is set.

Law:

Marini v. Ireland, 56 N.J. 130 (1970)

Allowed with limits. If vital facilities are not repaired after proper notice, the tenant may withhold all or part of the rent as a set-off and raise the landlord's breach as a defense in a nonpayment eviction. Not every defect qualifies, and the DCA advises saving the withheld rent (e.g., in a separate account) because the court may order it paid. Tenants may instead sue for rent abatement down to the reasonable value of the defective unit.

Law:

Marini v. Ireland, 56 N.J. 130 (1970); Berzito v. Gambino, 63 N.J. 460 (1973)

Under the Rent Receivership Law, a municipal public officer or tenants of a unit that fails minimum safety and sanitation standards may petition the court to have rents deposited with the court and an administrator appointed to use the money to fix the conditions. Tenants may get an abatement to the defective unit's reasonable rental value. Rent receivership is also available if the landlord does not fix a wrongful utility diversion within 30 days of notice (sent by certified mail). (N.J.S.A. 2A:42-85 to -95; N.J.S.A. 2A:42-87)

Allowed with limits. Constructive eviction: if the landlord's neglect makes the unit unsafe, unfit or unsuitable for occupancy, the tenant may move out and break the lease without penalty. If the landlord is found negligent, the tenant gets the deposit back and owes no rent for the rest of the lease or re-rental costs.

Law:

Reste Realty Corp. v. Cooper, 53 N.J. 444 (1969)

Lawsuit for rent abatement (Berzito v. Gambino). In emergencies the landlord created or caused by negligence, the landlord may have to pay the tenant's reasonable alternative-housing costs, which may be deducted from rent. Court-appointed receiver for substandard, deteriorating multifamily buildings (N.J.S.A. 2A:42-117).

A landlord may not serve a notice to quit, sue for possession, or substantially change the tenancy (including refusing to renew without cause) in reprisal for the tenant enforcing lease or legal rights, making a good-faith code complaint to a government agency after first telling the landlord, or joining a tenant organization. A notice to quit or substantial change without cause after such activity creates a rebuttable presumption of reprisal, with no fixed time window. No presumption applies to a refusal to renew if the tenant asked for renewal more than 90 days before the lease ends. Owner-occupied buildings with 2 or fewer rental units are exempt. The tenant may sue for damages and injunctive relief. (N.J.S.A. 2A:42-10.10 to -10.13)

For buildings with 3 or more units, tenants file housing code and heat complaints with the DCA Bureau of Housing Inspection (609-633-6241); for 1- and 2-unit buildings, the municipal building or health office enforces local ordinances.

• The DCA notes the Appellate Division has held that air conditioning provided as part of the original tenancy may be a vital facility.
• A landlord and tenant may agree the tenant supplies heat when the unit has separate, separately billed heating equipment (N.J.A.C. 5:10-14.4).
• Multiple dwellings (3+ units) must register with the DCA Bureau of Housing Inspection and are inspected on a 7-, 5- or 2-year cycle depending on violation history.

• New Jersey repair request letter (free, runs in your browser)
• Breaking a lease in New Jersey: notice periods and early-termination rights
• New Jersey eviction notice rules: what a notice for unpaid rent requires

• NJ Department of Community Affairs, Truth in Renting (guide) Retrieved October 14, 2026.
• NJ DCA, Reprisal Law, N.J.S.A. 2A:42-10.10 to 10.14 (statute text) Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.