Q: I rent an apartment in a 55+ “luxury” apartment complex in New Jersey. When we moved in back in May, we were told the intercom system to allow visitors into the building was out of order, but that it would be repaired within a month. The management company is still “working on it.” We’ve since learned that the issue predates our arrival by many months. My husband has mobility issues, so if I’m not home, he is unable to get himself down to the lobby to let visitors in. Other than sending frequent emails asking for updates, what recourse do I have?

A: Your apartment should have a working intercom, and the management company should fix it for you. This is a matter of fact: New Jersey law requires an intercom in multiple-unit dwellings where there is no doorman.

You can write a letter to the management company, either by certified or registered mail, citing the law and demanding to have it repaired. Allow time, maybe a month or two, for the management company to make the repair.

If there’s no action, you can write another certified letter stating that you will withhold the rent until the intercom is fixed. But before you do this, be aware of the potential consequences and be prepared to hire a lawyer.

The implied warranty of habitability — which exists in New Jersey regardless of whether it is included in your lease — requires that apartments be livable. You could argue in court that the lack of an intercom is a violation of this law, said Marc Schram, a real estate lawyer based in Monmouth County, N.J.

If you choose to withhold rent, the management company could take you to court for eviction because of nonpayment. You can request a Marini hearing, also known as a habitability hearing. In this situation, you must pay to the court the rent that is in arrears, which the court will hold until the case is resolved. But beware: If you do not post the rent in the court’s time frame, you could be evicted.

In this kind of hearing, the burden of proof is on the tenant, so be sure to document the problem with the intercom. You will likely need a lawyer to represent you, as the rules of evidence apply, and the landlord’s lawyer can cross-examine you. If your case is successful, the judge can discount your rent.