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Gottdiener v. Mailhot

431 A.2d 851, 179 N.J. Super. 286 (1981)

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Gottdiener v. Mailhot

New Jersey Superior Court
431 A.2d 851, 179 N.J. Super. 286 (1981)

Facts

In 1975, certain tenants (the tenants) (defendants) were leasing units in an apartment complex owned by Alexander and Ernest Gottdiener (Gottdiener) (plaintiffs). The tenants renewed their tenancy through January 1980. From December 1978 through January 1979, the tenants complained of intolerable noise coming from other tenants (the neighbors) in the apartment beneath them. Gottdiener attempted to resolve the situation but failed to do so, and the neighbors began to harass and retaliate against the tenants. In June 1979, after successive efforts by Gottdiener failed to resolve the situation, the tenants purchased a home and notified Gottdiener that they intended to terminate the tenancy at the end of August 1979. In the letter, the tenants claimed that the failure of Gottdiener to stop the harassment and intimidation by the neighbors constituted a breach of contract. After the tenants vacated the apartment at the end of August 1979, Gottdiener informed the tenants that the tenants had forfeited their security deposit and that they were being sued for the rent still due under the tenancy agreement. The lower court judge found that the conduct of the neighbors constituted a substantial interference with the tenants’ right to quiet enjoyment of the apartment and ruled for the tenants. Gottdiener appealed.

Rule of Law

Issue

Holding and Reasoning (Kole, J.)

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