When renting, does the tenant have a legal right to expect privacy and security?
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When renting, does the tenant have a legal right to expect privacy and security?
We rented a house for a week. through a realtor. On our last night a drunk girl entered through the front door with a key at 2:30 AM. She stated the owner’s daughter gave it to her saying there was no on there. As a result my husband suffered a panic attack and I did not sleep the rest of the night. Do we have a legal right to any refund or compensation for this incident?
Asked on August 2, 2010 under Real Estate Law, New Jersey
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I'd say you were entitled to a refund of one-seventh of you week's rental payment, at the very least. In any real estate rental situation, the tenant is entitled to the "quiet use and enjoyment" of the premises during the term of the lease. The intrusion was a complete breach of the lease, in that respect.
Your suit, here, would be against the owner; the realtor had nothing to do with this outrage. You could bring this case in the Small Claims Division of the Superior Court's Special Civil Part; the filing fees are low (and you can add them to the damages you seek), and the court constable will serve the papers. If the panic attack caused any extra expenses, such as a doctor's visit, you should ask for those as well.
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