Evicting tenants can be a complex and challenging process, especially in a state like New Jersey, which has tenant-friendly laws. Landlords need to be well-prepared to handle potential defenses that tenants might raise during eviction proceedings. Here are the top eight tenant defenses to anticipate when evicting tenants in New Jersey, along with tips on how to avoid issues related to each defense:
Let’s explore eight common defenses tenants might raise and how working with experienced eviction attorneys can help landlords and associations effectively navigate these challenges.
Top 8 Tenant Defenses to Anticipate When Evicting Tenants in New Jersey
Defense 1 – Improper Notice
One of the most common defenses tenants use is the claim of improper notice. New Jersey law requires landlords to provide tenants with a written notice before initiating eviction proceedings. The notice period and the contents of the notice depend on the reason for the eviction. For example, for nonpayment of rent, the notice period is generally 30 days, but for other breaches of the lease, it may vary.
How To Avoid
Landlords must ensure that they strictly adhere to the statutory requirements for notices. The notice should clearly state the reason for eviction, the amount of rent due (if applicable), and the time period given to the tenant to remedy the issue. Landlords should also keep proof of delivery, such as certified mail receipts or affidavits of service, to demonstrate that the notice was properly delivered.
Defense 2 – Retaliatory Eviction
Tenants may claim that the eviction is retaliatory, especially if they have recently exercised their legal rights, such as reporting code violations or joining a tenants’ union. Under New Jersey law, eviction in retaliation for a tenant’s lawful actions is prohibited.
How To Avoid
To mitigate this risk, landlords should maintain thorough documentation of all interactions with tenants, including any complaints or requests for repairs. It is also prudent to have a legitimate, documented reason for the eviction that is unrelated to the tenant’s exercise of their rights. Keeping detailed records can help demonstrate that the eviction is not retaliatory but rather based on valid lease violations or nonpayment of rent.
Defense 3 – Habitability Issues
Tenants might assert that they are not obligated to pay rent due to significant habitability issues within the rental unit. New Jersey law mandates that rental properties must meet certain standards of habitability, including adequate heating, plumbing, and structural integrity.
How to Avoid
Landlords can counteract this defense by conducting regular inspections and promptly addressing maintenance issues. Keeping records of repairs and maintenance can serve as evidence that the property has been kept in good condition. Additionally, if a tenant raises habitability concerns, landlords should respond swiftly and document all efforts to remedy the situation.
Defense 4 – Discrimination Claims
Tenants may allege that the eviction is based on discrimination, which is illegal under the federal Fair Housing Act and New Jersey’s Law Against Discrimination. These laws protect tenants from being evicted based on race, color, religion, national origin, sex, disability, familial status, or other protected characteristics.
How to Avoid
To avoid discrimination claims, landlords should apply their policies and procedures consistently to all tenants. It is essential to document all actions and communications related to tenancy and eviction, ensuring that decisions are based solely on legitimate, non-discriminatory reasons. Providing training on fair housing laws for property management staff can also help prevent discriminatory practices.
Defense 5 – Waiver of Right to Evict
If a landlord has accepted rent from a tenant after becoming aware of a lease violation, the tenant may argue that the landlord has waived the right to evict them for that particular breach. This defense is based on the premise that accepting rent signifies the landlord’s approval of the tenant’s continued occupancy.
How to Avoid
Landlords should be cautious when accepting rent from tenants who are in breach of their lease. It is advisable to clearly communicate in writing that acceptance of rent does not waive the landlord’s right to proceed with eviction. Including a clause in the lease agreement stating that acceptance of rent does not constitute a waiver of any lease violations can further protect landlords.
Defense 6 – Incorrect Rent Amounts
Tenants can challenge an eviction notice by disputing the amount of rent claimed to be due. If there are discrepancies in the rent ledger or if the landlord has improperly calculated late fees or other charges, the tenant may have grounds to contest the eviction.
How to Avoid
To prevent this defense, landlords should maintain accurate and up-to-date records of all rent payments and charges. Ensuring transparency in rent calculations and providing tenants with regular statements can help avoid misunderstandings. In the event of a dispute, detailed records will serve as evidence to support the landlord’s claim.
Defense 7 – Failure to Follow Procedural Requirements
Eviction proceedings in New Jersey involve strict procedural requirements, and any failure to comply with these rules can be grounds for dismissal. Tenants may argue that the landlord did not follow proper procedures, such as filing the complaint correctly or serving the summons and complaint properly.
How to Avoid
Landlords should familiarize themselves with the New Jersey Court Rules and the specific procedures for eviction cases. It may be beneficial to consult with an attorney to ensure all procedural requirements are met. Meticulous attention to detail in filing and serving documents can prevent procedural defenses from derailing the eviction process.
Defense 8 – Substantial Compliance Doctrine
The substantial compliance doctrine allows tenants to argue that they have substantially complied with the terms of the lease, even if there has been a minor breach. For instance, if a tenant is only slightly behind on rent or has corrected a violation promptly, they may claim that eviction is an excessive remedy.
How to Avoid
To counter this defense, landlords should document all lease violations and the extent to which they affect the tenancy. Clear communication with tenants about the importance of adhering to lease terms and providing written warnings before taking legal action can strengthen the landlord’s position. Additionally, including specific language in the lease about what constitutes a breach and the consequences thereof can help clarify expectations.
Practical Tips for Avoiding Tenant Defenses
Understanding the potential defenses tenants may use is only part of the equation. Implementing proactive strategies can help landlords avoid these issues and streamline the eviction process. Here are some practical tips for landlords:
Draft Comprehensive Lease Agreements
Ensure that lease agreements are detailed and clear, outlining all tenant obligations and the consequences of non-compliance. Include clauses that address waiver of rights, habitability, and other key issues.
Maintain Open Communication
Foster good communication with tenants to address issues before they escalate. Promptly respond to maintenance requests and document all interactions.
Conduct Regular Inspections
Regularly inspect rental properties to ensure they meet habitability standards and address any issues immediately. Document all inspections and repairs.
Keep Detailed Records
Maintain comprehensive records of rent payments, maintenance requests, communications, and notices. This documentation can be crucial in defending against tenant claims.
Stay Informed on Legal Requirements
Keep abreast of New Jersey landlord-tenant laws and regulations. Consider consulting with a real estate attorney to ensure compliance with all legal requirements.
Implement Fair and Consistent Policies
Apply policies consistently to all tenants to avoid claims of discrimination or retaliation. Provide training for property management staff on fair housing laws and proper procedures.
Seek Legal Advice
When in doubt, seek advice from a qualified attorney, especially when dealing with complex eviction cases. An attorney can help navigate the legal intricacies and ensure that all procedures are followed correctly.
Make Evictions Smoother With Sammarro & Zalarick
Evicting a tenant in NJ can be a complex and challenging process, but with the right legal support, landlords and associations can effectively manage the intricacies involved.
At Sammarro & Zalarick, we specialize in guiding New Jersey landlords through every step of the eviction process, ensuring you are well-prepared for any potential issues that may arise. Our experienced attorneys offer a comprehensive range of services, from drafting robust lease agreements to providing expert legal advice and representing you in court.
Schedule a consultation today to discover how we can assist you with all your eviction needs and help you achieve a successful outcome.