Can a tenant withhold one week of rent as a result of a storm that eliminated electric power water and heat?

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Can a tenant withhold one week of rent as a result of a storm that eliminated electric power water and heat?

I had to live elsewhere for a week.

Asked on November 4, 2011 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A tenant can wihhold a week's worth or rent as a result of a storm that eliminated electric power, but the withholding is not proper. The reason for this opinion is that a natural situation caused the problem resulting in the absence of electricity which was not the landlord's fault. Namely the storm.

If it took a week for the power to be placed back on, then the company handling the repairs must have been faced with a difficult situation. As such, the landlord should not be forced to bear the loss that you suffered.

 


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