Constructive Eviction: New Jersey: Early Termination Apartment Lease (detailed question....please read it all)?

Constructive Eviction: New Jersey: Early Termination Apartment Lease (detailed question....please read it all) Let me explain what's been going on, and I will makes sure to give the landlord the benefit of the doubt the entire way, so for the landlords who are going to be answering my question, be understanding of my situation and do not attack me with the evils of terminating a lease. Temperature today (right now and it is noon) according to weather.com "44 degrees feels like 36 degrees" I live in an apartment complex in New Jersey. Not like a small landlord situation. The company has about 6 buildings, 4 stories in each building, about 7 apartments on each floor. Signed the lease September 1, 2009. According to the lease, the landlord pays for and provides: -Water -Hot Water -Heat The lease makes NO provision for early termination. I understand that when the lease provides NO way to terminate early, it means that you are not allowed to terminate early....these are not normal circumstance..... I can understand why before the heat may not have been turned on. The entire month of October so far (and today is October 16th 2009) the nights have been COOOLD. Early 40's and lower, but feels like in the 30's (not my personal opinion, this is the wind chill factor as determined by the weather channel)....HOWEVER, for the first week in October the days have been not so cold in 60's.......so fine.......wait until it is officially cold......but from about the 7th of October the days have been chilly and the nights FREEZING. After dealing with it for about a week, one morning after one of these freezing nights....maybe around October 10th, I asked the manager and a super when will the heat be turned on.....according to them, it is New Jersey state law that they couldn't do it until October 15th. Between October 10th and now, both the days and nights have been cold. 40's to late 50's in the day and freezing at night. It is October 16th and I can't take it! All my pet fish died, their heater in the fish tank couldn't withstand the cold. (Mind you, in this sturdy brick building, when it is 40 outside it feels 10 degrees colder inside) AND my 8 year old Godson who is supposed to spend 3 nights a week with me, hasn't been able to do so, because it is FREEZING. LOOOOOONG STORY SHORT If I remember correctly after tons and tons of research, when the land lord is responsible for the heat, they have to make sure it is at some comfortable temperature (somehwere between 60-70 ish degrees) HOW MUCH notice do i need to give her to say "if they heat is not on in _____ days, i will be terminating my lease early) I HAVE the right to end early (if you do not think so, please look up "Constructive Eviction" before you reply) I just need to know how long, because I will up and move TODAY, but want to go about this in the most courteous and legal way possible.

2 months ago - 2 answers