Golden Apple v. Estate of Perez – “Functional Tenant”
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.
Tenant Rights
Defenses to Eviction in New Jersey [2020]
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
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.
Tenant’s Right To Break A Lease In New Jersey
Tenants that break a rental lease in New Jersey can lose their security deposit, as well suffer damages for a landlord’s lost rental income. Breaking a lease has legal consequences.