Marini v. Ireland
Supreme Court of New Jersey
265 A.2d 526 (1970)
Relevant factsFree
Landlord Ireland (plaintiff) sued tenant Marini (defendant) for unpaid rent; Marini defended by arguing Ireland's failure to repair a toilet breached an implied covenant to repair, entitling him to offset against rent the money he spent fixing it himself. The written lease itself contained no express covenant to repair and specified the premises could only be used for "dwelling."
IssueFree
Whether, in a residential lease, a landlord impliedly covenants to make any repairs necessary to make the premises habitable such that the landlord's breach entitles the tenant to offset the cost of the repair against the rent.