Hi,
I'm really hoping someone can help here. I'm located in New Jersey, and I am wondering about tenants rights. I have complained numerous times (starting in April)to the manager where I live about my neighbor upstairs how they are infested with beg bugs, took them a few months to finally act upon it and they finally (1rst week of June they started) started doing treatments after complaining for two straight months. The exterminator agrees that she is beyond infested for everything of theirs couches,beds, clothes etc.. All to be thrown out being everything is infested. In the meantime in my apartment bedbugs have now entered my apartment being we share the same hallway ugh, anyway, my question is.. when it comes to tenants rights in the state of NJ, is it possible to break the lease and get no penalty charges, and to fight to get our security deposit back?? My lease is not up until December and I can't live like this until then! As it is the neighbor FINALLY threw away her couch and love seat last night without any plastic on them just threw them down the stairs. I took photos of them since they were out by the garbage as evidence. HELP please?

Have you reported the infestation to the Dept of Health or Housing? The problem here is that they are doing something about it. You may have a cause for reimbursement, but voiding the lease is going to be harder.

We do have a NJ RE lawyer who contributes here. She should be along soon to add her input.

I'd contact the Health Dept and file in small claims ASAP for deposit back, right to break lease, and damages, and look for another place, all at the same time. While it's summer you should get your belongings treated too, the day you move out, or even in a UHaul.

Yes I contacted the department of health in both the town I live in and the capital of NJ, in Trenton. Then they contacted the owners where I did that's when the apartments FINALLY did something about it. When we move we do plan on getting a new couch, loveseat, and a new bed to play it safe In case they seeped through my apartment even if we did have them spray down here. I want to do the small claims but we can't afford an attorney, another big reason that I don't know what to do, were living here on ONE income with no savings, so I'm scared but I really think its unhealthy to live here since last summer alone my neighbor had 5 bed bugs infestations I know this from when I talked to my management about the most recent accurance

As long as the landlord is taking action to treat the bedbugs then you will not be able to legally break your lease without some sort of penalty. You may be able to reach an agreement with your landlord to let you out of the lease early, maybe in return for payment of one month of rent or forfeiting the deposit. Or the landlord may allow you to find someone to take over the balance of your lease.

Have you spoken to the landlord yet about moving out?