Marini v. Ireland
265 A.2d 526 (1970)
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Rule of Law:
In any residential lease, a covenant of habitability is implied, requiring the landlord to maintain vital facilities. If a landlord breaches this duty, after receiving adequate notice, the tenant may make reasonable repairs and deduct the cost from the rent.
Facts:
- On April 2, 1969, plaintiff Marini (landlord) and defendant Ireland (tenant) entered into a one-year lease for a residential apartment.
- The lease did not contain an express covenant to repair.
- On or about June 25, 1969, Ireland discovered that the apartment's toilet was cracked and leaking water onto the floor.
- Ireland alleges she made repeated but unsuccessful attempts to inform Marini of the condition.
- On June 27, 1969, Ireland hired a plumber who repaired the toilet for $85.72, a cost she paid directly.
- For the July rent of $95, Ireland sent Marini a check for $9.28 along with the plumber's receipt for $85.72.
- Marini disputed the deduction and demanded the remaining $85.72.
- Ireland refused to pay the disputed amount.
Procedural Posture:
- Marini (landlord) instituted a summary dispossess action against Ireland (tenant) in the Camden County District Court, a court of first instance, for nonpayment of rent.
- The trial judge, viewing the issue as purely legal, found for Marini and rendered a judgment for possession.
- Ireland, as appellant, appealed the judgment to the Appellate Division, an intermediate appellate court.
- An Appellate Division judge granted a temporary stay of the judgment for possession and warrant of eviction.
- Prior to argument in the Appellate Division, the Supreme Court of New Jersey, the state's highest court, certified the case on its own motion.
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Issue:
In a residential lease, does a landlord have an implied duty to maintain facilities vital to habitability, and if this duty is breached, may a tenant make necessary repairs and deduct the reasonable cost from rent as a defense in a summary dispossess action?
Opinions:
Majority - Haneman, J.
Yes. A residential lease contains an implied covenant of habitability, and upon the landlord's breach, a tenant may make reasonable repairs to vital facilities and deduct the cost from rent. The court first established that a tenant’s defense questioning whether rent is actually 'owing' attacks the jurisdictional basis of a summary dispossess action and is therefore appealable. The court then rejected the historical common law property rule of caveat emptor for leases, adopting instead a modern contract-based interpretation. It held that a residential lease's purpose is to provide a habitable dwelling, which creates an implied covenant that the premises are fit for living at the inception and will remain so. This covenant of habitability obligates the landlord to maintain 'vital facilities.' The tenant's covenant to pay rent and the landlord's covenant of habitability are mutually dependent. Therefore, if a landlord fails to make necessary repairs after receiving timely notice, the tenant is accorded the self-help remedy of making the repairs and offsetting the reasonable cost against rent, as this is a more practical remedy than constructive eviction.
Analysis:
This decision represents a landmark shift in landlord-tenant law, moving from traditional property law principles to modern contract doctrine. By establishing an implied covenant of habitability in residential leases, the court fundamentally altered the legal obligations of landlords, requiring them to maintain safe and livable premises. The creation of the 'repair and deduct' remedy provided tenants with a powerful, direct tool to enforce this right without needing to vacate the property or file a separate lawsuit, significantly rebalancing the landlord-tenant relationship.
