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3. Joseph Marini v. Alice Ireland (Supr.Ct. of NJ, 1970) ---
56 N.J. 130, 265 A.2d 526
1. Fact
On or about April 2, 1969, Plaintiff, landlord and defendant, tenant entered into a one-year lease for an apartment located at 503-B Rand Street, Camden, New Jersey. the agreed monthly rent was $95. The lease agreement includes a covenant of quiet enjoyment however, there was no specific covenant for repairs. According to the defendant’s allegation, when she discovered that the toilet in the leased apartment was cracked and water was leaking onto the bathroom floor, she attempted to inform the plaintiff of this condition repeatedly and didn’t receive any message. And so, the defendant hired a plumber to make the repairs, the cost of which was $85.72, which she paid. On July 15, 1969, defendant sent the plaintiff a check for $9.28 with the receipt of $85.72 paid in payment of the July rent. Plaintiff challenged the offsetting of the cost of the repair and demanded the outstanding $85.72. when the defendant refused, the landlord instituted a summary dispossess action for nonpayment of July rent in the amount of $85.72 and August rent of $95 in the Camden County District Court.
in district court, the judge found a default in payment of July and August rent including costs. Then Defendant appealed to the Appellate Division.
2. Issue
① Whether defendant’s claimed right to offset her cost of repairs against rent raises a “jurisdictional issue?
② when the answer of the first issue is “yes” whether the landlord have a duty to repair and the tenant can raise a dispossess action in case of failure to comply with such duty.
③ Also involved in the latter question is the right of the tenant to make repairs upon the landlord's failure to so do and the right to offset the cost thereof against rent.
3. Rule
① Vineland Shopping Center, Inc. v. DeMarco
the County District Court "must accept any equitable issue offered to defeat an action within its jurisdiction or to avoid a separate defense to such action"
② Pines v. Perssion, 14 Wis.2d 590, 111 N.W.2d 409 (Sup. Ct. Wis. 1961)
Legislation and administrative rules, such as the safeplace statute, building codes and health regulations, all impose certain duties on a property owner with respect to the condition of his premises.
③ Hyland v. Parkside Investment Co., Inc., 10 N.J. Misc. 1148 (Sup. Ct. 1932).
the landlord should, in residential letting, be held to an implied covenant against latent defects, which is another manner of saying, habitability and livability fitness.
4. Application
Citing in Pines v Perssion case, the New Jersey Supreme Court found that holding the old rule of no implied warranty of habitability in leases would be inconsistent with the current legislative policy concerning housing standards; that in this era of rapid population, the need and social desirability of proper and livable housing for people is very important and ‘tumbledown’ house causes many problems such as urban blight, juvenile delinquency and high property taxes for conscientious landowners. In a modern view of relationship between landlords and lessee, the former is held to implied covenant against latent defects, which means habitability and livability fitness. Therefore, if a landlord fails to make the repairs and replacements of vital facilities, it is necessary to timely and adequate notice to the landlord of the faulty condition.
After a reasonable attempt, the tenant has only the alternative remedies of making the repairs or removing from the premises upon such a constructive eviction.
5. Conclusion
Reversed and remanded for trial.
6. Classnote/ Feedback
Offset이 가능한 이유- tenant의 편의를 고려
common law 변경
화장실 수리를 안해주는 것- material breach? – yes, constructive eviction therefore, 다른 집으로 이사를 하고 그에 따른 비용은 모두 damages에 포함
Landlord의 보호- deposit, notice 필요
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