Mold Is a Valid Basis for a Constructive Eviction Claim

Under the constructive eviction doctrine, “any act or omission of the landlord . . . which renders the premises substantially unsuitable for the purpose for which they are leased, or which seriously interferes with the beneficial enjoyment of the premises, is a breach of the covenant of quiet enjoyment and constitutes a constructive eviction of the tenant.”  Reste Realty Corp. v. Cooper, 53 N.J. 444, 456-57 (1969).  In Marusiak v. McCall, No. A-1529-09T3 (App. Div. September 7, 2010), the Appellate Division held that the plaintiff was constructively evicted because of the mold condition in her apartment.


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