Essential Repair?

[lluvlyr]

What is the name of your state (only U.S. law)? New Jersey

Is a badly leaking roof considered an 'essential' repair? I live on the 2nd floor of a 2 family house - have been in unit for a little over 4 years. The house needs a new roof, badly. Unfortunately, the leaking began very shortly after I moved in. Water has leaked through the ceiling in my bedroom and bathroom several times. My landlord hasn't bothered repairing the sheet rock in the ceiling in my bedroom (I can deal with it although unsightly), but he had to repair the ceiling in the bathroom as the genius had put a bucket directly on the sheet rock to catch a bad leak and once the bucket got too full/heavy it came crashing down - as luck would have it - right into my bathtub. Took him 9 months to come repair the gaping hole in the ceiling over my tub. Finally had a roofer come do a cheap patch job which is not holding up and the attic is leaking again in several spots. My landlord just keeps telling me to put down a tarp and buckets up in the attic to avoid any leaking down into my apartment and that they will call a roofer. It has been hinted at that they don't have the money to fix the roof - even while at the same time telling me that there is nothing wrong with the roof and they can't imagine why it would be leaking (as if I'm making this up). They are also trying to sell this house as they are having financial troubles. They have been a nightmare to deal with (over roof leaking and also several other issues) and I have finally had enough. SO my question is - is a leaking roof considered an essential repair? Can I contact the town's building inspector or other authority for some recourse against these slumlords? P.S. my lease is up August 1, 2015 and I am counting down the days!

 

[STEPHAN]

Call city inspections.

Leave a paper trail with the LL.

I would have been out of there long time ago.

 

[quincy]

What is the name of your state (only U.S. law)? New Jersey

Is a badly leaking roof considered an 'essential' repair? I live on the 2nd floor of a 2 family house - have been in unit for a little over 4 years. The house needs a new roof, badly. Unfortunately, the leaking began very shortly after I moved in. Water has leaked through the ceiling in my bedroom and bathroom several times. My landlord hasn't bothered repairing the sheet rock in the ceiling in my bedroom (I can deal with it although unsightly), but he had to repair the ceiling in the bathroom as the genius had put a bucket directly on the sheet rock to catch a bad leak and once the bucket got too full/heavy it came crashing down - as luck would have it - right into my bathtub. Took him 9 months to come repair the gaping hole in the ceiling over my tub. Finally had a roofer come do a cheap patch job which is not holding up and the attic is leaking again in several spots. My landlord just keeps telling me to put down a tarp and buckets up in the attic to avoid any leaking down into my apartment and that they will call a roofer. It has been hinted at that they don't have the money to fix the roof - even while at the same time telling me that there is nothing wrong with the roof and they can't imagine why it would be leaking (as if I'm making this up). They are also trying to sell this house as they are having financial troubles. They have been a nightmare to deal with (over roof leaking and also several other issues) and I have finally had enough. SO my question is - is a leaking roof considered an essential repair? Can I contact the town's building inspector or other authority for some recourse against these slumlords? P.S. my lease is up August 1, 2015 and I am counting down the days!

Like STEPHAN, I am a bit surprised you have stayed in the house as long as you have. Why did you renew your lease for a fourth year if you were having issues with the landlord and the conditions of the house?

Whatever your reasons, you should first send notice to your landlord IN WRITING, certified mail, return receipt requested (save a copy for yourself), that the roof is a problem that requires immediate attention - this even if you have informed the landlord several times in the past that the roof is leaking. You want the written proof that you have notified your landlord and he is aware of the problem with the roof.

If you are living in a 2-unit house that is NOT owner-occupied, the landlord needed to register the rental house locally and local rental-home ordinances apply (check with the city clerk to verify registration and to review the laws that are relevant to your situation). Your local board of health can order your landlord to make repairs.

It sounds as if it may be possible for a "constructive eviction," whereby you can have a rent abatement, a reduction in rent, or, if your landlord is found negligent or the house found uninhabitable, you could be entitled to the return of your full security deposit and relieved of all responsibility to pay rent for the balance of your lease.

But, other than the sending of the written notice to your landlord which you can do now, you will want to consult with a landlord/tenant law attorney in your area prior to taking any action like not paying rent. Perhaps there is a landlord/tenant legal aid clinic in your area where you can seek assistance - you can see if you qualify for free help by visiting the following Legal Services of New Jersey website: http://www.lsnj.org/GetLegalHelp.aspx?Span=ObtengaAyudaJuridica.aspx&Eng=GetLegalHelp.aspx.

Good luck.