Withholding rent may be a better way of getting things done in some cases. Rent Receivership New Jersey's Receivership Act provides that where the landlord refuses to perform repairs, one or more tenants in a building can file a petition for receivership. The petition, which must be filed in Superior Court, asks the judge to name someone to collect all the rents and to use the money to make repairs to the building. The person who is named by the court to collect rents and order repairs is a receiver. Courts will usually consider granting the petition only where the landlord has a history of refusing to correct conditions that deprive the tenants of heat, water, electricity, or other essential services needed to insure the health and well-being of the tenants.
Courts view receivership as a step to take only when all else fails.
Petitioning for receivership is a complex legal procedure that requires the help of an attorney. However, if the landlord is trying to evict you because you withheld rent due to very bad conditions in your building, the judge may begin the process of having a receiver appointed. Going to the Landlord's Insurance Company Another way to put pressure on the landlord to make repairs is to complain to the landlord's insurance company about conditions that are a safety hazard. In towns with rent control, the name of the insurance company will appear in bills the landlord submits in connection with a hardship increase application. Use the services of our office to help you file in Small Claims Court.