If my apartment was damaged ina hurricane6 months agoand no attempt has been made to rectify the situation what can I do?

UPDATED: Feb 29, 2012

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If my apartment was damaged ina hurricane6 months agoand no attempt has been made to rectify the situation what can I do?

Our apartment floor has been torn up since then; the owner has come in and has seen it and says he was waiting for the insurance company. They keep threatening to start eviction every month because we did not pay rent for the month of the storm. However, our lease clearly states that if an apartment is damaged (not by tenant) it will be fixed and tenant does not have to pay rent. We’ve paid every other month since.I just don’t think we should have to keep jumping the holes in the floor, especially with a 10 month old baby. I also have a hernia and a heart condition. Pay or not?

Asked on February 29, 2012 under Real Estate Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I suggest that you consult with a landlord tenant attorney regarding the situation you are writing about and have him or her write a letter on your behalf seeking repairs within a certain period of time. It makes no sense for you to suffer through the inconvenience of the poor living conditions caused by the hurricane.

From what you have written, it seems as though your should be entitled to a rental rebate. Until an attorney advises you to stop making the rental payments, you need to continue making them.

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