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Marini v. Ireland: Difference between revisions
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|facts=In 1970, Alice Ireland signed a lease agreement with Joseph Marini to rent an apartment in Camden, New Jersey. The lease didn't have a required repair provision. | |facts=In 1970, Alice Ireland signed a lease agreement with Joseph Marini to rent an apartment in Camden, New Jersey. The lease didn't have a required repair provision. | ||
Latest revision as of 03:41, July 14, 2023
Marini v. Ireland | |
Court | New Jersey Supreme Court |
---|---|
Citation | |
Date decided | May 18, 1970 |
Facts
In 1970, Alice Ireland signed a lease agreement with Joseph Marini to rent an apartment in Camden, New Jersey. The lease didn't have a required repair provision.
After inhabiting the apartment for 2 months, it became apparent that Ireland's toilet was cracked & leaking.
The tenant Ireland repeatedly contact the landlord Marini for the plumbing repair. Marini didn't acknowledge the tenant's contacts. So, Ireland fixed the toilet at her own expense.
For the following month, Ireland submitted
(rent) - (plumber fees) = (remaining balance).
Marini demand payment for the full rent amount.Procedural History
Issues
1. Do residential leases have an implied covenant that requires landlords to make repairs necessary for habitation? Implied Warranty of Habitability