Marini v. Ireland case brief summary
265 A.2d 526 (1970)
CASE FACTS
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).
PROCEDURAL HISTORY
The trial judge found that plaintiff did not have a duty to make repairs and rendered a judgment for possession. (reversed)
DISCUSSION
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
Suggested law school study materials
![](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_uUQTDtt6SVi2hAEsC7UPZ89Ki2wOQ8P0wofpdu3IKqDq0NnOX0h-Xow7l9rBFnaDl6S4J3-r8FLE0hm5ZoihAWa9EMMUB51o8p1rZqjizb38sUlVJlwzLhH-YNOyL5yj7cpJl0j0c49VjgpsCU7QxUU3zdtb8Ki-jzUE28J7yE6BNYQmWhF63VsKQcvLXR6F3TOnZMYmtc0PjCSAVhumST5F-Gkmk5EZK9pmhMMg6z74ubBQ1tnqkXoFSCxMn3h2U2H2LEBjAV8BeN=s0-d)
![](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_szR4IxZDzoRyNJj9e9E4GhVplgiys1gDj_K-qssfJ_-b5REK1yWoNhNtIkqya8qkFAb7CckDm7QEtKUN7DaHlOieW-aDYwWR694Iv2ZImjhsX2u7XDlBvNpPqQsnpVhZ1JlmAkrcxg53PLti-UbSm_BM5HTEPIPtMsZeOjep4hBe4rhu11oduT6lL7D74zHyulKV6q_1dsSBNZE4nPnQ0FTGf5R9rgOFTaK-K1L-xX5i4jaKahqD9bNFh8VaIY11y9BGXPvcUWaBw=s0-d)
![](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_sewhs3AuEbD8JCmFsK9_rCPGx_MsM5Smzmo4XfVXuyiXkp93UB1xizhfoy-DsV9L8O7vCnd4SQ0uJA90MxIMwaU4UqKQbxhGn-wSadczitjCVl-1PZPghDZeMqQkos2OOi6JBYKwnAmHwB9v4ZjMsiJt2uXBgzB3cOZ_6dZvsVd2fnBuvI1-Yiaaam3MTlvbqSnd6gvDUzLYB0gprhV6avti4-W5Cj8QMnxRhJUUuraxWQIsYo4MUi-10zPGeoVrO2bEPjbvSt_Ly-=s0-d)
![](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_tc7IYMRg42V6Xoe9YVVz1Br3EbioD435DO7SE9KLiGG2BwxnBEguZqz_vlKFRldtqXLb_nhCvfCg2W-pn89Vf-IwVzrGoK8E7ra08gTAVcy5MrPuU-d0bC5kcD3gurZjyPOBhR8HNLsms8vfCyPoKw491NpYIAJKIdKAPULmMMCSg9k7OQ_r1b2_V-fnqmL7BkjkAqNlgayFJKr8NUbsG1xNYhYI4hCG5XXTM8dR-V7s20bhXeUtp17CXQaNJfVTHsS1DJuxRj2R6k=s0-d)
Shop Amazon for the best prices on Law School Course Materials
.
265 A.2d 526 (1970)
CASE SYNOPSIS
Defendant tenant sought review of a
decision by the Camden County District Court (New Jersey), which erroneously held
that plaintiff landlord did not have a duty to make repairs on
defendant's apartment.CASE FACTS
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).
PROCEDURAL HISTORY
The trial judge found that plaintiff did not have a duty to make repairs and rendered a judgment for possession. (reversed)
DISCUSSION
- 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
Suggested law school study materials
Shop Amazon for the best prices on Law School Course Materials
No comments:
Post a Comment