Marini v. Ireland
|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.
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?