Landlord Won't Make Repairs in New Jersey: What Can I Do?
Your landlord must keep your home fit to live in under New Jersey law. This page explains what counts as a repair problem and the steps to take first. It also covers your options if your landlord does not fix it, including the risk of withholding rent.
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Every home lease in New Jersey includes a promise, even if the lease does not say it. It is called the warranty of habitability (a promise that the home is fit to live in). Your landlord must keep the home fit to live in for your whole lease. Your landlord must also repair damage to vital facilities, the things you need to live there safely.
✓ Sources checked October 3, 2026
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New Jersey courts list examples of problems that can make a home unfit to live in. They include no hot water or heat, and a toilet that does not work. They also include mold, bed bugs, or rodents, and lead paint, broken windows, or unfinished floors. A broken stove or refrigerator counts too, as does an unsafe common area such as a lobby, stairs, or elevator.
✓ Sources checked October 3, 2026
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You can repair and deduct (paying for a repair and taking the cost off your rent), hold back rent, or ask for a lower rent. This applies when your home is unfit to live in. Three things must be true first. The problem must affect a vital facility, something you need to live there safely. Examples are a working toilet, hot or cold water, heat, electricity, or a window. You must not have caused the problem. You must have told your landlord about it and given a reasonable time to fix it.
✓ Sources checked October 3, 2026
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Tell your landlord about a repair problem in writing before you act. New Jersey guidance recommends sending the notice by certified mail with a return receipt requested. Save texts and emails as well; they are also a record of what you sent.
RenterLaw editorial New Jersey Department of Community Affairs Habitability Bulletin — Remedies, conditions 1-3✓ Sources checked October 3, 2026
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A vital facility problem is something you need to live there safely, like a working toilet or heat. If your landlord fails to fix it within a reasonable time after you gave notice, you may fix it yourself. You can then take the cost off your rent. This rule comes from a 1970 New Jersey Supreme Court case, Marini v. Ireland. Do not default to repair and deduct. Courts can offer assistance like rent reduction and reimbursement. A tenant who deducts a lot may also face a collection claim from the landlord.
✓ Sources checked September 24, 2026
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You may hold back part or all of your rent if your landlord does not fix a vital facility problem after you gave proper notice. If your landlord then takes you to court for not paying rent, you must be ready to pay the full amount you owe. The judge may order you to give that rent money to the court to hold until the case is over. Save the rent you hold back so you have it ready.
New Jersey Courts Landlord/Tenant self-help — Habitability defense requirements New Jersey Department of Community Affairs Habitability Bulletin — Remedies, 4. Withholding the rent or a portion of the rent✓ Sources checked October 3, 2026
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To use a repair problem as your defense in court, you must deposit all the rent due with the court. You must also be able to show, with photos or other evidence, that part of your home is not fit to live in. You must show that you told your landlord and gave a chance to fix it, and that you did not cause it.
✓ Sources checked October 3, 2026
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Instead of holding back rent, you can go to court and ask for a rent cut because your home is not fit to live in. If the court agrees, you will owe rent based only on the fair value of your home in its actual condition. You may also ask the court to return part of the rent you already paid.
✓ Sources checked October 3, 2026
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Buildings with 3 or more rental units must sign up with the Bureau of Housing Inspection. This agency makes sure landlords follow New Jersey's housing code for those buildings.
New Jersey Department of Community Affairs Habitability Bulletin — Reporting housing code violations✓ Sources checked October 3, 2026
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You can report a housing code problem to the Bureau of Housing Inspection. Call 609-633-6227 or email BHIInspections@dca.nj.gov. These buildings must be inspected regularly by this agency. If an inspector finds your home seriously unsafe, they can order everyone to leave right away. Ask a legal aid group for help if you can, since this can happen without much warning.
RenterLaw editorial New Jersey Department of Community Affairs Habitability Bulletin — Reporting housing code violations, complaint contact✓ Sources checked October 3, 2026
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Buildings with 1 or 2 rental units are not covered by the Bureau of Housing Inspection. If the building is not owner-occupied, it must follow local rules. It must register with the clerk in the city or town where it is located. An owner-occupied 2-family house does not need to register.
✓ Sources checked October 3, 2026
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