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Golden Apple Holdings v. Estate of Perez – “Functional Tenant” Doctrine

New Jersey is a pro-tenant state and “functional tenant” case law adds another barrier to evictions.
Even where a lease explicitly terminates upon death, an occupant in premises leased by a deceased family member can be entitled to protection under the Anti-Eviction Act.
On June 22, 2020, the Appellate Division in Golden Apple Holdings, LLC v. Estate of Caridad Perez applied the “functional tenant” doctrine to reverse a warrant of removal.

Defenses to Eviction in New Jersey [2020]

defenses to eviction in new jersey

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.

Removing A Non-Tenant in New Jersey

Ejectment in New Jersey - How to Remove A Non-Tenant

Ejectment is the legal process in New Jersey for removing an non-tenants, including squatters, and friends and family that refuse to leave. Ejectment involves filing a lawsuit, court hearings, and lock-out by the county sheriff.

How to Evict a Tenant in New Jersey

how to evict a tenant in new jersey

Wondering how to evict a tenant in New Jersey? The eviction process includes notices, a complaint, proving the case, overcoming defenses, and locking out.