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JOSEPH MARINI, PLAINTIFF-RESPONDENT V. ALICA IRELAND, DEFENDANT-APPELLANT, Supreme Ct. of NJ, 1970. 56 N.J. 130, 265 A.2d 526

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JOSEPH MARINI, PLAINTIFF-RESPONDENT V. ALICA IRELAND, DEFENDANT-APPELLANT, Supreme Ct. of NJ, 1970. 56 N.J. 130, 265 A.2d 526 Powered By Docstoc
					PROPERTY
JOSEPH MARINI, PLAINTIFF-RESPONDENT V. ALICA IRELAND, DEFENDANT-APPELLANT, Supreme Ct. of NJ, 1970. 56 N.J. 130, 265 A.2d 526. History: Facts: Toliet stopped working; Marini paid for repairs and sued Ireland Issue(s): Whether an implied covenant arose, which would require the landlord to make repairs to the broken toilet. Whether the failure of the landlord to repair the toilet constituted a breach of the covenant of habitability or quiet enjoyment. Holding: Reversed and remanded Analysis: Duties and obligations of the parties, implied and express, were dealt w/according to the law of property and not the law of contracts; under contract law, in determining what covenants are implied, the object which the parties had in view and intended to be accomplished is of primary importance; Lease expressly described the leased premises as “4 rooms and bath, apartment” and restricted use to “dwelling” so it is reasonable to assume the premises are supposed to be habitable and fit for living b/c that is what landlord impliedly represented he had and what the tenant was seeking; It is convenant at the beginning of the lease there are no defects to the premises and that the facilities will remain in a usable condition during the entire term of the lease; landlord is required to maintain those facilities in a condition which renders the property livable But where damage has been maliciously or abusively caused, the tenant is liable for care If landlord doesn’t repair in a reasonable time what he should have, tenant can repair it and subtract the cost from future rent, if tenant gives timely notice that that’s what he’s doing; but if he is unable to give such timely a notice, he can proceed to repair/replace


				
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