Eviction

On June 22, 2020, the court in Golden Apple Holdings, LLC v. Estate of Caridad Perez applied the “functional tenant” doctrine to reverse a warrant of removal.

Tenants can assert defenses to eviction in New Jersey including defective notice, waivers due to collecting rent or passing of time, uninhabitable condition, bankruptcy, lack of registration or certificate of occupancy, and retaliation. Tenants must prove their defenses at trial.