265 A.2d 526 (1970)
Defendant tenant offset the cost of repair of a toilet in the payment of her rent. Plaintiff landlord challenged the offset, demanding the rent which was outstanding. When his demands were refused, the plaintiff instituted a summary dispossess action for nonpayment of rent in the county district court pursuant to New Jersey Statute Ann. §2A:18-53(b).
The trial judge found that plaintiff did not have a duty to make repairs and rendered a judgment for possession. (reversed)
- The court reversed and remanded.
- The court found that there was an implied covenant to make repairs.
- If a landlord failed to make repairs and replacements of vital facilities that are necessary to maintain the premises in a livable condition for a period of time adequate to accomplish such repair and replacements, the tenant can cause the same to be done and deduct the cost from future rents.
- The tenant's recourse to such self-help had to be preceded by timely and adequate notice to the landlord of the faulty condition in order to accord him the opportunity to make necessary replacement or repair.
- If the tenant was unable to give notice after a reasonable attempt, he could proceed to repair or replace.
The court reversed the judgment of the county district court, which held that plaintiff landlord did not have a duty to make repairs on defendant tenant's apartment. The court found that there was an implied covenant to make repairs and the court held that a tenant could deduct the cost of repairs from rent.
See also: Marini v. Ireland full case on Google Scholar
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