What can I do if my landlord refuses to fix my kitchen floor and claims it's caused by my negligence but this is not true.

Live in Middlesex county NJ
Lived in the apartment for 9 years, never ask the landlord to fix anything.
When I 1st asked in 2007, he said he would fix in the fall
Next in the spring of 2008
Now, he says it;s my negligence?
Kitchen floor is peeling off since it's vinyl
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Answers (1)

Ronald Anthony Sarno

Ronald Anthony Sarno

Contributor Level 9
I do not know if a L/T court will consider this somethng worth demanding the L repair.
You can try: writing to L telling him you are not responsible for the wear and tear and he did promise to do the repair in fall 2007.
In the letter tell him all rent will be placed in an escrow account until he does the repair.
Make sure to place the rent in an escrow account.
If he sues you for eviction, you take pictures of the kitchen floor to show court the condition of the apt.
If the judge will rule in your favor and you get the floor. No matter what L says, no rent payment until the
floor is fixed. If the judge rules against you, you have the escrow account to pay the unpaid rent.
If the L threatens you, or has a lawyer send you a letter,tell them you will request a Marini hearing.
(It is the case in NJ that no rent is due when the apt is not habitable).
Good luck.

You might find my legal guide on selecting and hiring a lawyer helpful.
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You might find my legal guide on landlord/tenant litigation helpful.

LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
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