Can a tenant withhold rent for repairs in New Jersey?
In New Jersey, a tenant may ask the court for a judgment directing that rents be deposited with the clerk of the court and used to fix conditions in substantial violation of housing or health code fitness standards, after bringing them to the owner’s or manager’s attention without action within a reasonable period. The grounds include a lack of heat, running water, light, electricity or adequate sewage disposal, any other condition in substantial violation of State or local housing or health code fitness standards, or any other condition dangerous to life, health or safety; a public officer may bring the same proceeding. The petition must describe the work needed with a cost estimate and state each petitioning tenant’s monthly rent. The owner has a defense if the conditions did not exist or have been remedied, were caused maliciously or by abnormal or unusual use by a petitioning tenant or the tenant’s family, or if any tenant refused the owner entry to correct them. If the tenant prevails, rents then due and as they fall due from the petitioner and all other tenants are deposited with the clerk and used under the court’s direction to remedy the conditions, and any surplus goes to the owner with a full accounting; the court may instead let the owner, a mortgagee or a lienor do the work after posting security, and may appoint an administrator. Rent deposited under the judgment is a valid defense to an eviction for nonpayment. The act covers rental dwellings except owner-occupied premises with not more than two rental units, and excludes public housing and hotel, motel or guest-house space. Repair-and-deduct is a different remedy with its own rules. This is N.J.S.A. 2A:42-86, 2A:42-87, 2A:42-88, 2A:42-90, 2A:42-91, 2A:42-92, 2A:42-93.
| What | New Jersey |
|---|---|
| Rent withholding | Petition the court to have rent paid to its clerk |
| How it works | The rent is paid into court or an escrow account instead |
What the statute says
“A proceeding by a public officer, tenant, or tenants of a dwelling for a judgment directing the deposit of rents into court and their use for the purpose of remedying conditions in substantial violation of the standards of fitness for human habitation …”
Quoted word for word from the section’s text.
Source
N.J.S.A. 2A:42-86, 2A:42-87, 2A:42-88, 2A:42-90, 2A:42-91, 2A:42-92, 2A:42-93
Read the statute in the New Jersey Statutes (New Jersey Legislature): njleg.state.nj.us.
The linked sections open Justia’s free copy of the code, because the state’s own site has no stable address for each section.
Checked against the statute on November 15, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
Every deadline on this page runs from the tenant’s notice. A repair request filed in Seayora keeps the date it was made and every update after it, on the website and both phone apps, so owner and tenant are working from the same date.
Guides on this rule
- Rent Withholding Laws by State: When Tenants Can Withhold Rent — When a tenant may withhold rent or pay it into escrow over repairs, with the notice and conditions in each of the 19 states with a statute.
Compare this rule in every state
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The same question in other states
- California
- Connecticut
- Delaware
- Florida
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Nevada
- New Hampshire
- New Mexico
- New York