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As a renter, you have certain rights regarding your living space. Landlords are responsible for providing a reasonably safe environment so they can be held liable for building code violations. For more information on your rights speak with a New Jersey premises liability lawyer today.
The Warranty of Habitability is a general law in NJ that ensures tenants’ rights. Under New Jersey state law, landlords have a duty to maintain their rental properties in safe and decent conditions. It protects tenants and requires landlords to ensure the basic elements of the unit are kept in good condition including the following:
In addition to these basic rights, there are regulations made by local, state, and federal laws that dictate the standards a structure must meet.
Property owners must also abide by building codes. Building codes are laws that set the minimum requirements for how a building must be built and maintained. Building codes can touch upon topics like plumbing, heating, structural integrity, electricity, and more. When a building does not or no longer meets these standards the property owner is in violation of the code.
Common building code violations can include:
Depending on the details of the lease agreement either the tenant or the landlord may be responsible for varying damages. It is important to review your lease but generally, yes, your landlord is responsible for rectifying issues like a building code violation.
Depending on what the violation is, the property owner must fix the issue within:
If your landlord does not rectify these issues within the designated time frame they will be fined daily until the issue is resolved. You can also take your own action when facing code violations.
Depending on the situation you may be able to withhold paying rent until your landlord fixes the issue. Additionally, you can pay out of pocket to have the problem fixed and deduct it from your rent check. You may also be able to take legal action against your landlord if you or your family suffered property damage or bodily harm as a result of a neglected violation.
If you are having issues with your landlord in relation to a building code violation it is imperative that you reach out to an experienced lawyer. Depending on the code violation it could pose a significant threat to you and your family so do not wait to take further action. The laws surrounding tenant rights can be complex so speak with an attorney to determine what your legal options are.
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