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I currently live on the first floor of a two story house. I found out a couple months ago that I was paying for the basement and common areas electricity. I confronted the landlord who clearly knew but tried to act like she didn't. She did compensate me for those few months and then switched the electricity into her name. My rent was adjusted to a little more so now the rent includes electric. I was okay with that. Now she is trying to make my life hell. I am sure it's to force us out so she can get someone in there to pay the electric again. I feel bad for all of the previous tenants because PSEG told me no one else ever had them come out to investigate like I did.
During this ordeal I found out that the basement apartment is illegal based on city records. This can be dangerous if the construction or wiring is done improperly.
My carbon monoxide alarm in my apartment has gone off twice since I moved in. I told her about it and she said "open the windows." There was no smoke alarms when I moved in. I asked her for one and it took me three weeks of pestering her before she bought it. I believe my unit calls for more as it is quite large.
In NJ you can withhold rent for dangerous or unsafe conditions. Would this be reason enough for me to send a letter of intent to withhold the rent?
I would save the rent in an account for when this goes to court.
The title of your thread is misleading since your apartment isn't illegal. I'm not sure that your alarm having gone off just twice is sufficient reason to legally withhold rent as I'm not sure how you would go about proving just by that alone that it's an unsafe or dangerous situation.
It is either move out and you don't have to orry about breaking a lease if you have one since it will be null and void for any illegal place.
Either you pay to live there or you move out which is your right if it is illegal.
You try to benefit from not moving while at the same time you are complaining. Staying means paying for something you know can be a danger and is illegal.
So MOVE!
If you don't believe me that watch some of the judge shows since this subject has come up multiple times and always with the same outcome...staying is paying!
Living for free is not making it a legal place and you won't be compensated in case something happens since you are aware of the situation.
As STTR pointed out, your unit is not the illegal one, so you can't withhold rent for that reason. Also, you told her to put in a smoke detector, and she (eventually) did. Don't know if one is enough or not, per your local code. If you want, you can try contacting a local tenant advocate lawyer to see what your options are, but I wouldn't hold my breath.
... During this ordeal I found out that the basement apartment is illegal based on city records. This can be dangerous if the construction or wiring is done improperly.
In NJ you can withhold rent for dangerous or unsafe conditions. Would this be reason enough for me to send a letter of intent to withhold the rent?
No, an illegal basement apartment that you do not live in, is no justification for you withholding your rent. Withholding rent in most states, unless done very carefully, in full compliance with state laws, will get you evicted.
So you are trying to learn from other posters how to scam the landlord in the best way possible by not paying rent....?
It is either illegal and you move or legal an you pay rent...there is nothing in between other than perhaps a violation that can be fixed.
But your title is misleading and shows what you are trying to do...
Quote:
Originally Posted by kristy67
My apartment is not illegal; however the one directly below me is. this could be unsafe as it was not zoned for this and was never inspected. Faulty wiring can cause a fire, faulty construction could result in an unsafe structure. This is unsafe and dangerous to me. The fact that no one knows because of the illegality of the casement unit.
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Can I withhold rent due to illegal apartment?
