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Tenant Rights to Withhold Rent in New JerseyTenants may withhold rent or exercise the right to repair and deduct if a landlord fails to take care of important repairs, such as a broken heater.
Make sure the repair is actually your landlord's responsibility. Document the problem thoroughly. Ask your landlord in writing to make the repair. Send your landlord a letter with return receipt requested. Wait for your landlord to respond.
Dear (Name of landlord or manager), I am writing to request repairs to the (appliance, heating/air conditioning, plumbing issue be specific!) due to (reason for repair; this could include things such as broken handle, leaky sink hose, even normal wear-and-tear that would necessitate replacement).
Clearly, state what you demand to be repaired by the person. Mention the period since it has been causing a problem and that it is high time. Without being too harsh, the letter is written as a warning to the person. Address the person well.
As stated in the Landlord and Tennant Act 1985, it is the landlord's responsibility to maintain their drainage, pipes and other areas of plumbing. If a drain becomes blocked through tenant misuse however, then the tenant is liable for the cost of repairs.
If there is a problem, such as a burst pipe resulting from the landlord's failure to maintain the property, the tenant cannot be held responsible. If a tenant has detected a problem and reported it to the landlord, it is the owner's responsibility to fix them.
Uninhabitable conditions can include dangerous ones, such as holes in the floor, unsafe or exposed wiring, or non-working air conditioning in dangerously hot summer months. Gross infestations of roaches, fleas or other pests are also uninhabitable conditions.
When you rent, your landlord is responsible for maintaining the functional aspects of your home such as plumbing, electricity, and heating. Landlords must also generally take action when flooding, a clogged pipe, pest infestation, or other problems occur.
The NSW tenant factsheet states that urgent repairs, including blocked toilets, are the responsibility of the landlord. When urgent repairs are required, the tenant must notify the landlord as soon as possible - preferably in writing.