When your landlord simply refuses to make needed repairs, you may have little choice but to stop paying rent. This is called "going on a rent strike". Rent strikes are perfectly legal, and may be the only way to force your landlord to make necessary repairs.

:: Starting a Rent Strike

If you decide to withhold rent to force your landlord to make repairs, you should start by:

1. Sending a letter to the landlord explaining what conditions must be corrected. The letter should explain that you will stop paying rent until the repairs are completed. Explain also that, once the repairs are completed, you pay a reduced rent for the time the repairs were needed. Make sure to keep a copy of the letter since you may need to show it in court.
2. Putting the rent that you withhold in a safe place. The best place is a bank account.

Some landlords will back down and agree to begin repairs when they see that the tenants are ready to fight.

You should expect that instead of repairing the property, the landlord will try to scare you by sending letters and notices threatening eviction. Also expect the landlord to try to have you evicted for not paying. If this happens, you will get a summons and complaint to go to court. But you cannot be evicted for nonpayment of rent if you have saved all the rent.

In court, a tenant who withholds rent to force her or his landlord to make repairs can be hit with late fees and required to pay for the landlord's lawyer if the tenant loses the case.

For more information on withholding rent and other ways to get repairs made, visit our Legal Services Section for a link to the Tenants Rights in NJ website and other helpful resources.