Legal Packet

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STATE OF NEW JERSEY )

) ss.

[COUNTY] COUNTY )

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[TENANT FULL NAME],

Defendant,

v.

[LANDLORD / PROPERTY MANAGEMENT FULL NAME],

Plaintiff.

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ANSWER TO COMPLAINT FOR POSSESSION

SPECIAL CIVIL PART — LANDLORD/TENANT

Docket No.: _______________

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COMES NOW Defendant [TENANT FULL NAME], appearing pro se, and files this

Answer to the Complaint for Possession filed by Plaintiff, as follows:

PARTIES AND JURISDICTION

1. Defendant [TENANT FULL NAME] is a tenant residing at [PROPERTY ADDRESS],

[CITY], New Jersey [ZIP CODE], in [COUNTY] County.

1. Plaintiff [LANDLORD NAME] is the owner or designated agent of the subject

residential rental property.

1. This Court has jurisdiction over landlord-tenant matters pursuant to

N.J.S.A. 2A:18-61.1 et seq. (the Anti-Eviction Act) and Court Rule 6:1.

Under N.J.S.A. 2A:18-61.3, "no landlord may evict or fail to renew any

lease of any premises covered by section 2 of this act except for good

cause as defined in section 2."

GENERAL DENIAL

1. Defendant generally denies that Plaintiff is entitled to possession of

the subject premises.

1. Defendant [ADMITS / DENIES] the allegations contained in paragraph(s)

_____ of the Complaint for Possession.

1. Defendant [ADMITS / DENIES] that rent is owed in the amount of $_______.

1. Defendant states that any alleged non-payment or breach was caused by

conditions created by Plaintiff's own failure to maintain the premises

as required by New Jersey law.

AFFIRMATIVE DEFENSES

FIRST DEFENSE: NO GOOD CAUSE FOR EVICTION

1. Under N.J.S.A. 2A:18-61.1, "no lessee or tenant or the assigns,

under-tenants or legal representatives of such lessee or tenant may be

removed by the Superior Court from any house, building, mobile home or

land in a mobile home park or tenement leased for residential purposes...

except upon establishment of one of the following grounds as good cause."

1. Under N.J.S.A. 2A:18-61.3, "no landlord may evict or fail to renew any

lease of any premises covered by section 2 of this act except for good

cause as defined in section 2."

1. Plaintiff has failed to establish good cause for eviction as required

by the New Jersey Anti-Eviction Act, N.J.S.A. 2A:18-61.1 et seq.

1. Defendant is a protected tenant under New Jersey law and cannot be

evicted without good cause.

SECOND DEFENSE: LANDLORD'S FAILURE TO MAINTAIN HABITABLE PREMISES

1. Under N.J.S.A. 46:8-21.1, a tenant may withhold rent if the landlord

fails to maintain the premises in habitable condition.

1. Plaintiff has failed to maintain the premises in habitable condition

due to the following deficiencies: [DESCRIBE: e.g., no heat, no hot

water, mold, pest infestation, leaking roof, broken windows].

1. Defendant notified Plaintiff of these conditions on or about [DATE]

by [written notice / certified mail / phone call / text message].

1. Plaintiff failed to remediate these conditions within a reasonable

time after receiving notice.

1. As a result of Plaintiff's failure to maintain the premises, Defendant

was entitled to withhold rent or seek a rent reduction.

THIRD DEFENSE: IMPROPER NOTICE

1. Under N.J.S.A. 2A:18-61.2, "no judgment of possession shall be entered

for any premises covered by section 2 of this act, except in the

nonpayment of rent under subsection a. or f. of section 2, unless the

landlord has made written demand and given written notice for delivery

of possession of the premises."

1. The required notice periods under N.J.S.A. 2A:18-61.2 include:

(a) three days' notice for disorderly conduct or damage to premises;

(b) one month's notice for lease violations or habitual failure to pay rent.

1. Plaintiff failed to provide proper notice as required by New Jersey law

in the following manner: [DESCRIBE DEFECTS: e.g., notice period too short,

notice not properly served, notice did not state required information].

FOURTH DEFENSE: ACCEPTANCE OF RENT WAIVES RIGHT TO EVICT

1. Under New Jersey law, acceptance of rent after knowledge of a lease

violation may constitute a waiver of the right to evict for that

violation.

1. Plaintiff accepted rent payment(s) from Defendant on or about [DATE(S)]

after [the alleged violation / the date Plaintiff claims breach occurred].

1. By accepting rent, Plaintiff waived the right to evict Defendant for

the alleged breach.

FIFTH DEFENSE: RETALIATORY EVICTION

1. Under N.J.S.A. 2A:42-10.10, "no landlord of premises or units to which

this act is applicable shall serve a notice to quit upon any tenant or

institute any action against a tenant to recover possession of premises...

as a reprisal for the tenant's efforts to secure or enforce any rights

under the lease or contract, or under the laws of the State of New Jersey."

1. Under N.J.S.A. 2A:42-10.12, "the receipt by the tenant of a notice to

quit or any substantial alteration of the terms of the tenancy without

cause after... the tenant complains to a governmental authority with a

report of the landlord's alleged violation of any health or safety law...

shall create a rebuttable presumption that such notice or alteration is

a reprisal against the tenant."

1. This eviction action was filed within [NUMBER] days of Defendant's

good-faith exercise of tenant rights, specifically: [DESCRIBE: e.g.,

complaint to housing inspector, request for repairs, complaint to

housing authority].

1. Under N.J.S.A. 2A:42-10.12, a rebuttable presumption of retaliation exists.

SIXTH DEFENSE: THREE-DAY PAYMENT PERIOD (Non-Payment Cases)

1. Under N.J.S.A. 2A:42-10.16a, "in an eviction action for nonpayment of

rent... the court shall provide a period of three business days after

the date on which a warrant for removal is posted to the unit or a

lockout is executed due to nonpayment of rent, for the tenant to submit

a rent payment."

1. Under N.J.S.A. 2A:42-10.16a, "upon payment of the rent due and owing,

within two business days thereafter, the landlord shall provide the court

with written notice that the rent due and owing was paid" and "the court

shall dismiss with prejudice the action for nonpayment of rent."

1. Defendant retains the right to pay all rent due and owing within the

three-business-day period after any warrant for removal is posted.

COUNTERCLAIM: BREACH OF IMPLIED WARRANTY OF HABITABILITY

1. Under the implied warranty of habitability recognized in New Jersey

(see Marini v. Ireland, 56 N.J. 130 (1970)), landlords must maintain

residential premises in a livable condition.

1. Plaintiff breached the implied warranty of habitability by failing

to provide the following essential services: [DESCRIBE].

1. As a result of Plaintiff's breach, Defendant has suffered damages

in the amount of $_______.

PRAYER FOR RELIEF

WHEREFORE, Defendant [TENANT FULL NAME] respectfully requests that this Court:

a) Dismiss the Complaint for Possession with prejudice;

b) Find that Plaintiff has not established good cause for eviction under

N.J.S.A. 2A:18-61.1 et seq.;

c) Award Defendant a rent reduction or abatement for the period of

Plaintiff's failure to maintain habitable premises;

d) Award Defendant damages on the counterclaim in the amount of $_______;

e) Award Defendant costs of this proceeding; and

f) Grant such other and further relief as this Court deems just and proper.

CERTIFICATION PURSUANT TO R. 1:4-4(b)

I certify that the foregoing statements made by me are true. I am aware that

if any of the foregoing statements made by me are willfully false, I am

subject to punishment.

Date: _______________

______________________________

[TENANT FULL NAME - SIGNATURE]

[TENANT FULL NAME, printed]

[ADDRESS]

[CITY, STATE, ZIP]

[PHONE NUMBER]

N.J.R. 1:4-4(b)

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FILING INSTRUCTIONS

FORMATTING REQUIREMENT (N.J.R. 1:4-9):

Every document filed with a New Jersey court must carry a 3-inch (3") blank

top margin on the first page to accommodate the court's filing stamp. All

subsequent pages require a minimum 1-inch top margin. Verify margins before

filing.

Court: Special Civil Part, Landlord/Tenant Division

Superior Court of New Jersey, [COUNTY] County

Essex County: Superior Court of New Jersey

50 West Market Street, Newark, NJ 07102

Phone: (973) 693-5700

Hudson County: Superior Court of New Jersey

595 Newark Avenue, Jersey City, NJ 07306

Phone: (201) 795-6300

Middlesex County: Superior Court of New Jersey

56 Paterson Street, New Brunswick, NJ 08903

Phone: (732) 519-3200

Union County: Superior Court of New Jersey

2 Broad Street, Elizabeth, NJ 07207

Phone: (908) 527-4000

Filing Fee: Approximately $50–$100 (varies by county)

Fee Waiver: Request an IFP (In Forma Pauperis) application

from the clerk if you cannot afford the fee.

Deadline: File your Answer within 10 days of receiving the Complaint

for Possession. DO NOT MISS THIS DEADLINE.

Copies: Bring 3 copies: one for the court, one for Plaintiff,

one for yourself.

After Filing: You will receive a court date. You must attend the hearing.

If you do not appear, a default judgment will be entered

against you and a warrant of removal may be issued.

Certification of Service Required: You must serve Plaintiff with a copy of

this Answer and file a Certification of Service with the court.

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CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I served a copy of this Answer to Complaint

for Possession on Plaintiff [LANDLORD NAME] by [regular mail / certified

mail / hand delivery] at the following address:

[LANDLORD OR ATTORNEY NAME]

[ADDRESS]

[CITY, STATE, ZIP]

______________________________

[TENANT FULL NAME]

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