Help! Please Help! Should I Fight?

Question

Help! Please Help! Should I Fight?
I just moved into an apartment a few months ago. For the first three weeks I went without lights due to the landlord not fixing the wires. I have cancer and I have to cook my meals for my diet, but couldn’t due to NOT HAVING GAS! I don’t have any family or friends near so I had to suffer through it. I was promised no rodents and I’ve had them since day one! This includes me personally trapping MICE! I am supposed to have an exterminator once a month and haven’t had one ONCE!! There’s also mold on my bathroom ceiling! I just received a window screen that doesn’t fit and it constantly falls out! I'm the only tenant with this type of screens. I JUST got a peep hole installed in my door a month ago!
Since I have Cancer, my chemo makes me very cold and I'm now anemic. I’ve been forced to live without heat for THREE MONTHS! I live in Irvington, NJ and by law from Oct-May I suppose to get heat. I never received it until Dec. 5th. Now that I do, it barely comes on; only when its freezing!!! I'm cold all the time! Not only that but when it starts to come on, there’s this LOUD, AGONIZING BANGING IN THE PIPING. I tracked it and it starts around 3:45 AM and lasts for no less than thirty minutes. I have to be up at 5:00am!! So yes, this is taking a toll on me and im stressed out!! I pay my rent in full and on time but going through all of this plus an 11hr shift work, and chemo I feel that I shouldn't have to live like this. I told them to take me to court if they don’t take money off my rent for this month!! I need to know if it’s worth fighting through.
I can't afford court but I refuse to pay full rent after all this. I'm a 24 year old single female, lost and completely stressed out. No help or advice. This is my first apartment. I really need help I don’t know what to do... Should I fight it? Also I won’t spend the rent until court. I will put the full amount in the bank strictly for rent. I want to be a good tenant,pay and live comfortably. In return I want what I’m paying for. That’s includes being treated fairly. I froze my *** off listening to the banging last night. Please give me your input, tell me my options. Yahoo is all I know to turn to. Call the news, newspaper lets go!! Help me. I would do the same for all of you!!
-Stressed Out Tenant

Answer 1

It sounds like you are about to become a homeless 24 year old single female, lost and completely stressed out.



You do not get to dictate rent. If you want it changed you get a court order first.



You call the police over noise issues, you do not just decide you should be living there for free.

Answer 2

You probably don't have an argument with the noise or the rodents. For the rodents, you mention that you work 11 hour shifts, the exterminator is probably coming at times when you are at work.



You now have gas and electric, so those issues no longer exist.



As for the heat, take a look at this explanation:

Under the state housing codes, from October 1 to May 1, the landlord must provide enough heat so that the temperature in the apartment is at least 68 degrees from 6 a.m. to 11 p.m. Between the hours of 11 p.m. and 6 a.m., the temperature in the apartment must be at least 65 degrees. Cite: N.J.A.C. 5:10-14 et seq. and N.J.A.C. 5:28-1.12(m). Local health codes cover parts of the year not covered by housing codes.

From: http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/chaptersix/#6heat



Your only real fight is with the heat, get a thermometer and record the temperature at varying times of day. Then, head on into court. I believe for Livingston, you need to go through Essex County.



Good Luck.

Answer 3

Wow, lots of angry landlords trying to interpret the law to suit their own agendas! The law in ANY state says that tenants have the right not to live in inhabitable conditions. Sounds like you are in those conditions, therefore you don't have to pay your rent until your landlord makes the necessary repairs in order to bring your apartment up to safety codes and livable conditions. Document, document, document! Send your landlord CERTIFIED letters demanding that these things be repaired. If he tries to take you to court, once a judge hears how he made a person with cancer have to live, he will get laughed out of the courtroom...wouldn't be surprised if the judge gives you a little extra! good luck

Answer 4

First of all, don't listen to "Landlord," I've read his/her other posts and he/she is a bitter person who feels that landlords are right in every single situation. He/she writes intelligently, but has no knowledge of the laws at all. Here is what you need to do: STOP paying your rent, your landlord is breaking many laws! Put everything in writing, exactly as you have done here, with dates documented. You don't have to "save" out that rent, believe me, no court in the world is going to let your landlord get away with this stuff. Keep calling, writing, demanding that he fix everything in your apartment, tell him that you are going to take him to court for breach of contract if he doesn't. "Landlord" may not agree, but tennants have a lot more rights than the landlords...they always triumph in court, and you are 100% in the right.

*edit* @Wildcat, hmmm, you are one to talk about being rude, your answer was quite disrespectful! For your information, I own rental properties too, I just take the time to know what the law is and what the tennant's rights are/landlord's responsibilities. Unbelievable how YOU are condoning unfair, unethical, and ILLEGAL treatment of a renter. NOT OKAY in any situation, and, no, the renter DOES NOT have to pay rent under those circumstances. Any judge will agree...you know that's true, that's why all the anger! Sorry you have been screwed over by tenants, but that doesn't give you the right to break the law and take it out on all future renters.

Answer 5

"I told them to take me to court if they don’t take money off my rent for this month!!" You hav NO RIGHT to make that demand!



"but I refuse to pay full rent after all this." That is ILLEGAL! It is illegal to withhold the rent over any repair issues without a court order in most states.



YES the landlord is legally required to make those repairs but YOU are equally legally required to go through h the proper channels to force them to. It is flat out ILLEGAL for tenant's to take the law into their own hands. You CANNOT make any demands for reduced rent or not pay at all. You MUST get the proper court order to do either of those things.



You say you don't have the money for court but you have no choice. You must either file in court against them or they wil file to evict you when you illegally withhold the rent.



The first legally required step in most states is to send them a certified letter stating all the needed repairs. It does not legally matter how many times you told them about it. You can tell them in person until you aer blue in the face but that does NOT count under the law. Once they get the letter they then have X# of days to take care of all the issues. I do not know that # for NJ. Again it does not legally matter how long they have actually known about the problems. The clock does NOT legally start until they get the letter. If they still have not fixed everything once the required # of days has passed THEN you can file in court to legally withhold the rent until it is fixed. Putting your rent in the bank (it is called an escrow account btw) is illegal unless you have the proper court order.



FYI: No landlord is EVER legally required to provide a peep hole or any other security devices.



It is really in your best interests to find & learn the landlord/ tenant laws for NJ. They are there to protect tenants just as much as landlords. You really need to know what are and are not entitled to before you get your self evicted & sued!



EDIT: Melanie or whitney DO NOT know their tuckas from a hole in the ground!!! You follow their advise you will get evicted & sued!!! Landlord can be a bit rude sometimes but she is a qualified landlord & knows the laws. You need to listen to the qualified answers not fellow tenants that apparently condone screwing over landlords.



EDIT: You morons need to stop answering in this section. You DO NOT know the freaking laws!! Unfortunately what is morally right is not always legal.



IT IS ILLEGAL IN MOST STATES TO JUST STOP PAYING RENT OVER ANY REPAIR ISSUE!!!!! PERIOD! Tenants CANNOT make that choice!!! YES the landlord needs to fix the problems but the tenant MUST get the proper court order to force them to. When you follow these moron's advice you put the law on the bad landlord's side & just get yourself screwed!!!

Answer 6

I agree with Scott...these people claiming to be "landlords" and "property managers" don't know what they're talking about! No one should have to live in these conditions. Read through your lease thoroughly...I'm sure there is a section in it about the landlord having to make repairs and/or tenant not having to live in unsafe/unhealthy conditions. Highlight that section and send a copy to the landlord, and have a highlighted copy on hand when you go to court. The landlord has already breached the contract by making you live in this manner.

Answer 7

Melanie and Whitney are correct. A landlord does not have the right to treat a tenant in this manner. Let it go to court, you will see. I don't have enough points to "rate" answers yet, but Melanie and Whitney get a THUMBS UP and all other posters a big thumbs down!

Answer 8

in no way cheer on fights, I recommend if its a slapping sport to work out who can cope with the main slaps, thats diverse. combating is amazingly risky and might effect in a homicide case.

Answer 9

That "landlord" ***** is probably putting her tenants through the same situations! don't take her advice. shes obviously siding with the scum thats putting you through this,hopefully her tenants will be brave enough to fight her!. my advice to u is to take it to the court. you might not get all that u want but you definately wont walk out empty handed. so **** the bitter ***** "lanlord".... and fight!!!! im pretty sure other tenants will back you. good luck!