Published on August 8, 2004 By Hus In WinCustomize Talk
In my apartment...it's mere seconds of life, as they get squished upon first sight. But that's the problem, the fact that I have to squish them...the fact that my apartment has cockroaches to begin with!!! See, I moved into this roach-infested sh*thole about 4 months ago and am now seriously regretting ever doing so. At the time, it looked clean, but I soom came to realize it wasn't. Just the other day my landlord tried to do something about it, they used those indoor foggers in all the apartments, but it still hasn't done much, as I'm still killing them left and right. I want nothing more than to get out of this place, but I signed a year lease, and if I break that lease, I lose my security deposit. So my question to you all is, do I have any rights in this? Is there some loophole that if my apartment has roaches I can choose to leave and get my money back? I really don't know what to do, because if I see another roach, I'm gonna forget that $1000 and just leave.
Comments (Page 2)
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on Aug 09, 2004

OK, here isthe infoI found about NJ:

Copy-paste parts of this website: http://www.lsnjlaw.org/english/placeilive/rent/tenantsrights.cfm


Moving out because of bad conditions
If your landlord refuses to make needed repairs to your apartment, you can move out before the lease ends and still not be held responsible for rent for the time left on the lease. It is important to have proof of these bad conditions. You can get this proof by having a building inspection done and taking pictures before you move out. In this situation, the law holds the landlord responsible for breaking the lease by failing to fulfill his or her duty to provide you with safe and decent housing. This is called constructive eviction. Please read Chapter 6, Your Right to Safe and Decent Housing, for an explanation of a landlord’s duty to maintain housing in good condition.

There are certain rules that apply for a constructive eviction.

  • You can break your lease under this rule if the conditions in your rental unit are so bad that it is very hard to live there. Examples of this are if you have no heat in the winter, or your health and safety are at risk. In addition, your landlord must have failed to correct the problem after receiving notice from you, which should be in writing if at all possible. Cite: Marini v. Ireland, 56 N.J. 130 (1970) C.F. Seabrook v. Beck, 174 N.J. Super. 577 (App. Div. 1980).
  • If you move because of bad conditions before your lease ends, your landlord may sue you for rent for the time left on the lease. The landlord will almost certainly refuse to return your security deposit. You may find yourself in court either because the landlord has sued you for back rent or because you are suing the landlord for the return of your security deposit. Whether you win or lose in court will depend on how serious the judge believes the conditions were that you claim forced you to move. Judges usually allow a tenant to break the lease only when very serious conditions exist, such as no heat, no water, a broken toilet, a broken elevator, flooding, or excessive and constant disturbances.
  • It is important that you give the landlord notice of the defective conditions and a reasonable amount of time to make repairs before moving out and claiming constructive eviction. Your notice should be in writing, and by certified mail, return receipt requested. Keep a copy of your notice.
  • If serious conditions in your apartment force you to move before the end of your lease, you are still entitled to have your security deposit returned to you.


Chapter 6: Your Right to Safe and Decent Housing

Housing must be safe and decent

Tenants frequently complain that their landlord will not repair such things as windows, locks, toilets, faucets, and heating systems when these break from normal wear and tear. Tenants also complain that their landlords do not do routine maintenance, such as pest extermination. You have a right as a tenant to live in housing that is safe, clean, and decent. This chapter explains this right and the laws that place a duty upon your landlord to maintain your rental unit in good condition. This chapter also explains the different steps you can take to have your landlord make needed repairs and do routine maintenance.

There are several different laws that require landlords to maintain tenant-occupied rental property in safe and decent condition.

The warranty of habitability
Landlords have a duty under New Jersey landlord-tenant law to maintain their rental property in a safe and decent condition. This duty applies to all leases, whether written or oral. The duty to keep rental units safe and decent is called the warranty of habitability. The warranty of habitability is based upon common sense: in return for paying rent to the landlord, the landlord must make sure that the housing is fit to be occupied by the tenant.

The warranty of habitability has been held to include keeping the basic elements of your housing unit in good condition. This includes taking care of physical elements, such as the roof, windows, walls, etc. the systems that supply you heat, hot and cold water, and electricity and gas appliances, such as the stove, refrigerator, and dishwasher keeping apartments pest-free and common areas clean and providing security against crime, such as locks on doors and windows to deter break-ins.


There are more info on that web site, but it does look to me like you have rights. But the problem is that you may end up having to sue your landlors in order to get your security deposit back.  Maybe you should contact these people:

New Jersey Tenants Organization
389 Main Street
Hackensack, NJ 07601
(201) 342-3775

on Aug 09, 2004
Thank you all for your responses! It really means a lot to me. Paxx, thank you for the information, it was just what I was looking for! I'm going to call them right now and find out exactly what I should do. Thank you all very much!
on Aug 09, 2004
If it is the only issue you have with the place then maybe you can hire an exterminator yourself


if he were living in a single family dwelling, hiring an exterminator would be a viable suggestion. unfortunately, there are other families living in this dwelling. it sounds like this is an apartment house/developement etc. which means that each apartment would have to be treated individually at the same time in order to get the problem under control. there is no way hus could afford this bill, and in all probability , the landlord has surmised this and has decided bugbombs(inneffectual at best) are cheaper.
Even if hus leaves this dwelling, and finds a new residence, he will still have to have all his possessions fumigated as the roaches will be carried with him to his new home. so opting to forget the 1000 security is not really the issue. the longer you stay in a dwelling infested with vermin , the more of your posessions will carry those vermin. because you are seeing the bugs means the infestation is huge, as those bugs are shy and prefer not to come into contact with anything but their own kind. they only come out in the open when it's become so crowded in the place where they originated that there is no room for them and they must move on to survive.
I am deathly afraid of those bugs and unfortunately had to deal with the problem when I was young and moved into a complex.
In my past line of work (emergency medical services) have had to transport children and adults both, who have awakened from sleep to find their own body had been violated by these bugs, at night they will look for someplace warm dark and moist to hide. human ears are one place they will try to hide, then get stuck.
hus I wish you all luck in dealing with this problem and hope you can resolve the matter with your current landlord , or find a new place to stay. if you move on, remember fumigate your belongings well prior to moving into the new place.
(oh ya, and almost all apartment complexes have bug problems, but most good ones will do all in their power to minimise the infestation via exterminator on a routine basis)
on Aug 09, 2004
hence a tent



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on Aug 09, 2004
I tried calling the department that paxx listed, but they will only help me if I join their membership-only club which is $22 a year or something...so I skipped that for now, and emailed my lawyer. In the meantime, on the same website I found my first course of action. I'm going to simply not pay my rent until the roach problem is resolved. Worst case scenario, he evicts me after 1 & 1/2 months and I lose my deposit, which is fine with me, I'll be breaking even since I won't be paying rent. I'll try and let you know how the war is going...the first shots have been fired.
on Aug 10, 2004
State Board Of Health?
on Aug 10, 2004
My mother, being in the real-estate business, has put me in contact with a good real-estate lawyer. A free consultation...can't beat that, right? I'm going to fax him my lease tomorrow, and hopefully go from there.

I don't want to screw the guy over Chas, I just want to leave in the most painless and simple way possible. I won't be getting robbed either, so if it does come down it...and he gives me a hard time...I'll try to let his lack of care for his tenants be more known. I rather it not come to that though...we'll see...
on Aug 10, 2004
Keep us posted. We're interested.
on Sep 06, 2004
How's it goin' Hus?
on Sep 06, 2004
Hehe, thanks for the interest GM.

I guess no news is good news in this case. The problem seemed to have gone away, though surely thats just on the surface. In any case, I think I will just ride out the 1-yr lease, and move out then. Hopefully it remains this peaceful until then...
on Sep 07, 2004
Or get a gf that likes roaches.
on Sep 08, 2004
You can or even better get your Land lord to try Combat(tm) gel in a syringe or bait stations. It is about the best over the counter CONTROL agent available. note the control. These products work great in preventing reinfestation. For the initial clean out you should use Bengal or Bengal Gold (tm) roach spray it will flush and kill instantly. These products are not cheap compared to the common spray such as Raid or Hot Shot but it actually works. If you use these products regually, you will get those nasty critters under control. I faced your exact situation, and they worked for me. The only way to truely rid your apartment, the landlord will have to make sure the other units are maintained as well. In some states after notifying your landlord by Certidied mail of the apparent health issues related to this situation, and he doesn't respond in 30-45 days(according to state) you can remedy the problem and send him that months rent minus any receipts you have from your expences. Word of caution though, send only copies, keep original receipts for your proof. Good Luck!!


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