Marini v. Ireland

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Marini v. Ireland
Court New Jersey Supreme Court
Date decided May 18, 1970


In 1970, Alice Ireland signed a lease agreement with Joseph Marini to rent an apartment in Camden, New Jersey. The lease didn't have a required repair provision.

After inhabiting the apartment for 2 months, it became apparent that Ireland's toilet was cracked & leaking.

The tenant Ireland repeatedly contact the landlord Marini for the plumbing repair. Marini didn't acknowledge the tenant's contacts. So, Ireland fixed the toilet at her own expense.

For the following month, Ireland submitted

(rent) - (plumber fees) = (remaining balance).

Marini demand payment for the full rent amount.

Procedural History

Marini commenced eviction proceedings in Camden County District Court. Marini wins.


1. Do residential leases have an implied covenant that requires landlords to make repairs necessary for habitation? Implied Warranty of Habitability

2. If yes, can a tenant offset the rent with the repair costs if they make the necessary repairs themselves?


Yes & yes. Residential leases have an IWH (implied warranty of habitability).


The tenant made a reasonable attempt to notify the landlord of the needed repair.


Leases are governed by contract law principles.