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Under the law in New Jersey, tenants are allowed to break their leases in certain cases, such as when the apartment is in very bad condition. These cases are described later in this chapter. Sometimes tenants move out for reasons that are not accepted by the law, even though they may be very important to the tenants.
A minor mold issue won't provide tenants with ample legal justification to stop paying rent.
Yes, you can sue your landlord for mold issues. Whether you've just noticed mold, you or members of your family have developed symptoms of mold infection, or your household goods or personal property were damaged by mold, give us a call to schedule your free, no-obligation consultation.
While there are no federal or state mold remediation certifications, you are required to have a contractor license from the state to perform the work. Currently, mold remediation falls under the Home Improvement Contractor title in both Pennsylvania and New Jersey.
Landlord Liability for Mold in New JerseyThere is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, New Jersey doesn't have any laws that specifically address a landlord's duties or liability when it comes to mold prevention and remediation.
According to NJ.com, rent withholding is the first legal remedy you can try to convince your landlord to deal with a mold issue. You may argue that your landlord broke the lease by failing to remove the mold and, therefore, caused the unit to become uninhabitable.
New Jersey law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant's lease termination.
Legally, you're not allowed to repair and deduct, withhold rent, or break your lease if you caused the mold problem.
You can sue for the amount of the security deposit that your landlord wrongfully withheld, up to the state limit. The maximum amount for which you can sue in New Jersey Small Claims Court is $3,000. For claims relating to security deposits, the limit is $5,000.