Q: I rent an apartment in a 55+ “luxury” apartment complex in New Jersey. When we moved in in May we were told that the intercom that allowed visitors into the building was broken but that it would be repaired within a month. The management company is “still working on it.” We have since learned that the problem occurred many months before our arrival. My husband has mobility issues. Therefore, when I'm not home, he can't go into the lobby to let visitors in. What recourse do I have other than sending periodic emails asking for updates?
A: Your apartment should have a working intercom system and the management company should repair it for you. This is a fact: New Jersey law requires an intercom system in apartment buildings that do not have a doorman.
You can write a letter to the management company, either by registered or certified mail, citing the law and demanding repairs. Give the management company time, perhaps a month or two, to make the repairs.
If nothing is done, you can write another certified letter stating that you will withhold rent until the intercom is repaired. But before you do so, you should be aware of the possible consequences and be prepared to hire an attorney.
The implied warranty of habitability – which in New Jersey exists regardless of whether it is included in your lease – requires that the apartments are habitable. One could argue in court that the lack of an intercom is a violation of that law, said Marc Schram, a real estate attorney based in Monmouth County, New Jersey
If you choose to withhold rent, the management company may sue you in court for non-payment and threaten you with eviction. You can request a Marini hearing, also called a habitability hearing. In this case, you will have to pay the court the back rent, which the court will withhold until the case is resolved. But be careful: If you do not pay the rent within the legal deadline, you risk being evicted.
At such a hearing, the burden of proof lies with the tenant. Be sure to document the problem with the intercom. You will likely need an attorney to represent you as the rules of evidence apply and the landlord's attorney may cross-examine you. If your case is successful, the judge may discount your rent.