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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.

Types of Tenants in New Jersey

types of leases and tenants in new jersey

Tenants can rent property as tenants at-will, month-to-month, year-to-year, or in another agreed upon arrangement. New Jersey law on legal notices and evictions can be different for each type of tenant.