Landlord Tenant Law - Eviction Defense: Retaliation
New Jersey law does not allow an eviction for the purpose of "getting even" with a tenant for
- Asserting their rights under the law or for enforcing their rights under the lease;
- Complaining about conditions in a house or apartment to the board of health, building inspector, housing authority, or any other government agency; OR
- involvement with a tenants association or any lawful organization.
Each of these types of getting even ("retaliation") are defenses to the eviction action. If proven that the eviction is in retaliation, the case will be dismissed. Even if only one reason the landlord wants to evict is retaliation, tenants are protected from eviction by law and the landlord's complaint should be dismissed by the court.
See N.J.S.A. 2A:42-10.10 and 10.11. See also Les Gertrude Associates v. Walko, 262 N.J. Super. 544 (App. Div. 1993); Housing Authority of Bayonne v. Mims, 396 N.J. Super. 195 (App. Div. 2007); Silberg v. Lipscomb, 117 N.J. Super. 491 (Dist. Ct. 1971).
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