My landlord said he is going to evict me because i didnt pay rent in full.

Asked about 3 years ago - Irvington, NJ

PSE&G shut off the power to my building because they said the box outside the building was a safety hazards. they told the landlord he had to get a electrician to put a new box outside and then it had to pass inspection before the power could be turned back on. the box was replaced but the landlord didnt contact pse&g for 5 days. i had to stay at a hotel during this time. this happen at the end of july during the massive heatwave. when the landlord came to collect rent i subtracted my expenses for having to find another place to stay for the 5 days. he said it was unacceptable and told me i had 30 days to move. i have never been late with my rent. is this legal

Additional information

am i allowed to deduct my expenses from the rent?

Attorney answers (2)

  1. Daniel A Levy

    Contributor Level 13

    Answered . No one can evict a tenant just by ordering them to move. A landlord must file a complaint for eviction with the court, and if the judge agrees with the landlord that there is unpaid rent due, and the tenant does not pay, then the judge will order the sheriff to perform a lock-out by a certain date. Whether you are allowed to deduct those costs from the rent depends on what your lease says and the facts of your case. You will need to consult an attorney for advice about your particular case.

    Best of luck.


    Dan Levy
    973-742-1917
    dan@raffandraff.com

    This posting is just general legal INFORMATION and not legal ADVICE. Only your attorney can provide legal advice.... more
  2. James Edward Schroeder III

    Contributor Level 13

    Answered . The landlord will need to file for eviction in the county where you live. When you come to court, bring any evidence you have about the failure of the landlord to provide the utilities to the unit. Also bring the rent which you would have paid and tell the Judge that you have the funds to pay today but want to withhold this partial rent for the reasons you state above. If the Judge rules against you pay the money to bring your account completely current and you will not be evicted so long as there are no other issues.

    Jim Schroeder is licensed to practice law in New Jersey and the District of Columbia. All information provided... more

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