N.J. Appellate Court Finds 'Implied Covenant' of Quiet Enjoyment in Lease

TRENTON, N.J. - A New Jersey appellate court has affirmed a $3,391 damage award for a tenant who vacated her apartment because of mold contamination, saying the condition breached an implied covenant in the lease. Marusiak v. McCall, No. A-1529-09T3 (N.J. Super. Ct., App. Div.).

The Superior Court's Appellate Division said in its Sept. 7 opinion that the landlord's counterclaim for failing to provide notice or allowing him to make repairs was without merit.

Jessica Marusiak sued former landlord Peter McCall after vacating her apartment before the end of a one-year lease, seeking the return her $1,800 security deposit and …