Implied Warranty of Habitability

Marini v. Ireland, 56 N.J. 130, 265 A.2d 526 (1970)

In Marini v. Ireland, the New Jersey Supreme Court (Haneman, J.) held that every residential lease contains an implied covenant of habitability: at the time of leasing there are no latent defects in facilities vital to residential use, and those facilities will remain in usable condition throughout the lease term. If the landlord fails to repair after the tenant gives (or reasonably attempts to give) adequate notice, the tenant may make reasonable necessary repairs and deduct the reasonable cost from future rent, and may assert habitability as an equitable/legal defense in a summary nonpayment dispossess proceeding (a 'Marini hearing').