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NJ Lease Clause question

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tmmets29

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

Hello and thanks in advance for the advice. My girlfriend and I recently applied and were accepted to an apartment in a two family house in Lodi, NJ. The landlord just provided us with the lease to review and I was very surprised at this clause:

11. Maintenance and Repair. Tenant will, at their sole expense, keep and maintain the
Premises and appurtenances in good and sanitary condition and repair during the term of this lease
and any renewal thereof. In particular, Tenantshall keep the fixtures in the Premises, or on or about
the Premises, in good order and repair, keep the heating and air conditioning systems in working
order, keep the walks free from dirt and debris; and, at their sole expense, shall make all required
repairs and replacements (if necessary) to the plumbing, range, heating, apparatus, and electric and
gas fixtures. Structural portions of the Premises shall be the responsibility of Landlord..
I emailed him my concerns over this and stated that I was almost certain that all landlords are required to provide most of these repairs under the “implied
warranty of habitability.”

After doing more research I am getting the feeling that this is an illegal clause.

Need some help on how to handle this? I'm supposed to see the landlord again tomorrow.
 


quincy

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

Hello and thanks in advance for the advice. My girlfriend and I recently applied and were accepted to an apartment in a two family house in Lodi, NJ. The landlord just provided us with the lease to review and I was very surprised at this clause:



I emailed him my concerns over this and stated that I was almost certain that all landlords are required to provide most of these repairs under the “implied
warranty of habitability.”

After doing more research I am getting the feeling that this is an illegal clause.

Need some help on how to handle this? I'm supposed to see the landlord again tomorrow.
You can address your concerns with your landlord and ask to have the objectionable portions of the lease agreement stricken, or you can find another apartment if you object to the terms and the landlord is unwilling to negotiate the terms.
 

LdiJ

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

Hello and thanks in advance for the advice. My girlfriend and I recently applied and were accepted to an apartment in a two family house in Lodi, NJ. The landlord just provided us with the lease to review and I was very surprised at this clause:



I emailed him my concerns over this and stated that I was almost certain that all landlords are required to provide most of these repairs under the “implied
warranty of habitability.”

After doing more research I am getting the feeling that this is an illegal clause.

Need some help on how to handle this? I'm supposed to see the landlord again tomorrow.
You definitely don't want to sign that lease.
 

FarmerJ

Senior Member
Do you have any money out so far ? If you do Id suggest you tell this LL that you want every penny back too or you wont hesitate to use his lease copy as your evidence in small claims where you sue him for refund of it if he wont return it in full.
 

tmmets29

Junior Member
Thankfully we haven't put anything down yet. Thanks for the advice. Pretty much confirms what I was thinking.
 

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