<p>Sample Marini Letter to Your Landlord</p><p>1. Copy and paste this letter 2. List your repairs 3. Send via certified letter, return receipt 4. Keep a copy for your records to show the Court</p><p>Date</p><p>Landlord name Landlord address City, state, zip</p><p>Ref: your name Your address and unit #</p><p>Dear Landlord,</p><p>This letter is to notify you that you are obligated to make the following repairs, or I will take further action pursuant to Marini v. Ireland; 56 N.J. 130 (1970) and/or Berzito v. Gambino; 63 N.J. 460 (1973).</p><p>REPAIRS LIST: 1. 2. 3. Landlords have a duty under New Jersey landlord-tenant law to maintain their rental property in a safe and decent condition. This duty applies to all leases, whether written or oral. The duty to keep rental units safe and decent is called the warranty of habitability. The warranty of habitability is based upon common sense: in return for paying rent to the landlord, the landlord must make sure that the housing is fit to be occupied by the tenant. Marini v. Ireland allows a tenant to hire a contractor, complete the repairs, and deduct the repaid amount from the rent. The Court ruled as follows “If, therefore, after appropriate notice a landlord fails to make the repairs and replacements of vital facilities necessary to maintain the premises in a livable condition for a period of time adequate to accomplish such repair and replacements, the tenant may cause the same to be done and deduct the cost thereof from future rents. The tenant's recourse to such self-help must be preceded by timely and adequate notice to the landlord of the faulty condition in order to accord him the opportunity to make the necessary replacement or repair. If the tenant is unable to give such notice after a reasonable attempt, he may nonetheless proceed to repair or replace.” Berzito v. Gambino allows a tenant to withhold rent until the repairs are made. I request that the repairs be made, and I will provide you with appropriate access to the apartment. In the event that you proceed with an eviction action against me, I will request a Habitability Hearing and bring the rent money to the Court for the purposes of depositing the rents with the Court. I will come to the Court with photos of the repair issues. A tenant who is able to prove that habitability problems exist can expect to be awarded a certain percentage of the posted funds as an abatement. The balance of the withheld rents will be released to you upon completion of the repairs. I wish to remain a tenant in good standing. It would be best to resolve this matter as mature and responsible adults, without the need for legal actions. Please complete the repairs in a timely fashion so that legal actions and an abatement are not required. Please respond back to me to inform me that the repairs will be made, and to advise a timetable.</p><p>Sincerely.</p><p>Your name Your phone # Your email</p>