Constructive Eviction in New Jersey
If a New Jersey landlord doesn’t keep their rental unit in a livable condition, a tenant has the right to break the lease, move out and claim constructive eviction
If a landlord allows a rental unit to become uninhabitable—by refusing to fix a broken boiler during the winter, for instance—a tenant has a few different options to deal with the situation. The most extreme course of action is to move out and claim constructive eviction, a process that varies widely from state to state.
Many states have specific laws on the books that allow for constructive eviction. New Jersey is somewhat different, in that a tenant's right to constructive eviction stems from previous court cases. Because of this, the process that tenants must follow to terminate their lease isn't as clear-cut.
Only serious issues warrant constructive eviction
New Jersey courts have defined constructive eviction as an act (or a lack of action) by a landlord that makes a rental property unsuitable for its primary purpose as a residence.1 The concept actually dates back to the 1900s. As early as 1904, the New Jersey Supreme Court allowed a tenant to break a lease because some of the units in the apartment house were being used for prostitution.2 In other, subsequent cases, a clogged sewage pipe3 and a lack of heat4 justified terminating a lease.
But it’s up to a court to decide whether or not an issue is severe enough to permit constructive eviction. In one case, for instance, a judge determined that noisy neighbors living in an apartment complex didn’t justify constructive eviction.5 Their decision was based on the fact that the noise was not pervasive, and there was only one time where it rose to the level where it affected the habitability of the residence.
However, in another case concerning loud neighbors, a judge reached the opposite conclusion. The court upheld the right of the tenants to vacate the property and void the lease, noting that the excessive noise occurred on “several occasions”—and that the noisy tenants began to harass the ones who complained.6
One last thing: the problem cannot have been caused by the tenant. If it was, New Jersey tenants are not allowed to go through the constructive eviction process.
Tenants must give their landlord a chance to fix the problem first
In order to claim constructive eviction, a tenant must first inform their landlord of the problem. This should be done in writing, either via a certified letter or by way of hand delivery. Then, the tenant has to give the landlord (or an outside repair service) access to their apartment to try and fix the issue.
In New Jersey, a landlord is allowed a “reasonable” amount of time to make a repair. Although the law isn’t specific about what’s considered reasonable, past court cases offer a few examples. One month was considered a reasonable amount of time to fix issues such as broken windows and rodent infestation in a case from 1973, for instance.7
Tenants must vacate the rental within a reasonable time
If the landlord fails to repair the problem with the rental, New Jersey tenants must vacate the property within a reasonable time in order to successfully claim constructive eviction. Controversies have arisen as to what’s considered a “reasonable” time period to vacate. For instance, in one case a landlord tried to argue that their tenants couldn’t claim constructive eviction because they remained in their unit for nine months while they waited for a flooding basement to be fixed.8
The court determined that nine months was reasonable, however. They noted that tenants should be given some leeway in these situations, considering the practical difficulty of moving out and finding a new apartment on short notice—and the legal risk that, even if they moved out, a court would eventually decide that their problems weren’t serious enough to qualify for constructive eviction and they would be on the hook to pay attorneys’ fees and more.
Related articles
[1] Millbridge Apartments v. Linden
[2] Weiler v. Pancoast, Supreme Court of New Jersey, Nov. 7, 1904
[3] McCurdy v. Wyckoff, Supreme Court of New Jersey, June 11, 1906
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