title: "New Jersey Eviction Defense - Complete LSC Packet with Forms"

state: "NJ"

category: "Eviction Defense"

date: "2026-03-20"

price: "$67"

lsc_grade: true

version: "COMPLETE_WITH_FORMS"

New Jersey Eviction Defense Packet

Jurisdiction-correct document templates. Not legal advice.

ELIGIBILITY CHECKLIST

• [ ] Landlord did not have "good cause" to evict under the Anti-Eviction Act (N.J.S.A. 2A:18-61.1)
• [ ] Landlord did not give proper written notice before filing (N.J.S.A. 2A:18-61.2)
• [ ] For non-payment: landlord did not give 10-day notice (N.J.S.A. 2A:42-3)
• [ ] For other causes: landlord did not give 30-day notice to quit
• [ ] For curable violations: landlord did not give Notice to Cease before Notice to Quit
• [ ] The eviction notice has wrong information (wrong address, wrong amount, wrong names)
• [ ] Your landlord accepted rent after giving you a notice to vacate
• [ ] You paid all or part of the rent (bring proof)
• [ ] The amount claimed is wrong or includes improper charges
• [ ] Your landlord refused your payment
• [ ] Your landlord failed to maintain habitable conditions (Marini v. Ireland, 56 N.J. 130 (1970))
• [ ] Your landlord failed to properly handle your security deposit (N.J.S.A. 46:8-19 et seq.)
• [ ] Your landlord is retaliating for complaining about conditions (N.J.S.A. 2A:42-10.10)
• [ ] Your landlord is discriminating against you based on a protected class
• [ ] Lease expired — note: expiration of lease alone is NOT good cause for eviction under NJ law

FORM 1: ANSWER TO COMPLAINT FOR EVICTION — BLANK TEMPLATE

`

________________________________________________________________________________

STATE OF NEW JERSEY )

) ss.

COUNTY OF [COUNTY] )

________________________________________________________________________________

[LANDLORD'S NAME],

Plaintiff,

v.

[YOUR FULL NAME],

Defendant.

Docket No. [DOCKET NUMBER]

________________________________________________________________________________

ANSWER TO COMPLAINT FOR EVICTION

________________________________________________________________________________

DEFENDANT, [YOUR FULL NAME], appearing pro se, submits this Answer to the

Complaint for Eviction filed in this matter and states as follows:

I. RESPONSE TO ALLEGATIONS

1. Defendant [ADMIT / DENY] that Defendant is a tenant at the premises

located at [YOUR FULL ADDRESS], [CITY], New Jersey [ZIP CODE].

1. Defendant [ADMIT / DENY] that Defendant owes rent in the amount claimed

by Plaintiff. The correct amount owed is $________.

1. Defendant [ADMIT / DENY] that Defendant violated the terms of the lease

as alleged by Plaintiff.

1. Defendant [ADMIT / DENY] that Plaintiff has good cause to evict Defendant

under the Anti-Eviction Act, N.J.S.A. 2A:42-10.1.

II. AFFIRMATIVE DEFENSES

1. Defendant asserts the following defenses (check all that apply):

[ ] NO GOOD CAUSE — Plaintiff lacks good cause to evict under the

Anti-Eviction Act, N.J.S.A. 2A:42-10.1. Expiration of lease is

not grounds for eviction.

[ ] IMPROPER NOTICE — Plaintiff failed to give proper written notice

before filing this Complaint as required by New Jersey law.

[ ] NOTICE DEFECTS — The notice to quit/notice to cease contained

errors: [DESCRIBE ERRORS]

[ ] PAYMENT MADE — Defendant paid all or part of the rent claimed.

(See attached receipts/bank statements as Exhibit A.)

[ ] SECURITY DEPOSIT VIOLATION — Plaintiff violated N.J.S.A. 2A:18-53

by [DESCRIBE: failing to invest deposit / failing to notify tenant

of bank information / failing to pay interest].

[ ] LANDLORD BREACH — Plaintiff failed to maintain the premises in

habitable condition as required by N.J.S.A. 2A:18-61.

(See attached photos and repair requests as Exhibit B.)

[ ] RETALIATION — This eviction is retaliatory because Defendant

[DESCRIBE: complained about conditions / called code enforcement /

joined a tenant organization].

[ ] DISCRIMINATION — This eviction is discriminatory based on

[PROTECTED CLASS: race / religion / national origin / sex /

disability / family status].

[ ] ACCEPTANCE OF RENT — Plaintiff accepted rent after giving notice

to quit, waiving the right to evict.

[ ] WRONGFUL AMOUNT — The amount claimed by Plaintiff is incorrect

or includes improper charges. The correct amount is $________.

[ ] CURE PERFORMED — Defendant cured the alleged lease violation

within the time allowed by law.

[ ] OTHER: [DESCRIBE ANY OTHER DEFENSE]

III. COUNTERCLAIM (Optional)

1. Defendant asserts the following counterclaims against Plaintiff

(check all that apply):

[ ] RETURN OF SECURITY DEPOSIT — Plaintiff wrongfully withheld

security deposit in the amount of $________. Under N.J.S.A.

2A:18-53, Defendant may be entitled to deposit plus 2x damages.

[ ] DAMAGES FOR UNINHABITABLE CONDITIONS — Plaintiff failed to

maintain premises as required by N.J.S.A. 2A:18-61, causing

damages in the amount of $________.

[ ] WRONGFUL EVICTION — Plaintiff's eviction attempt is wrongful

and retaliatory, causing damages in the amount of $________.

[ ] BREACH OF IMPLIED WARRANTY OF HABITABILITY — The premises

contain conditions affecting health and safety:

[DESCRIBE CONDITIONS]

IV. REQUEST FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Dismiss the Complaint for Eviction with prejudice;

B. Deny Plaintiff's request for judgment of possession;

C. Award Defendant court costs;

D. Grant judgment on counterclaims in favor of Defendant;

E. Grant such other and further relief as the Court deems just and proper.

Date: _____________________ _______________________________

[YOUR SIGNATURE]

[YOUR PRINTED NAME]

[YOUR STREET ADDRESS]

[YOUR CITY, NJ ZIP CODE]

[YOUR PHONE NUMBER]

[YOUR EMAIL ADDRESS]

________________________________________________________________________________

`

--- PAGE BREAK ---

FORM 2: MOTION FOR CONTINUANCE — BLANK TEMPLATE

`

________________________________________________________________________________

STATE OF NEW JERSEY )

) ss.

COUNTY OF [COUNTY] )

________________________________________________________________________________

[LANDLORD'S NAME],

Plaintiff,

v.

[YOUR FULL NAME],

Defendant.

Docket No. [DOCKET NUMBER]

________________________________________________________________________________

MOTION FOR CONTINUANCE

________________________________________________________________________________

DEFENDANT, [YOUR FULL NAME], respectfully moves this Honorable Court to

continue the hearing currently scheduled for [ORIGINAL HEARING DATE] at

[TIME], and in support states as follows:

1. This case is scheduled for hearing on [ORIGINAL HEARING DATE] at [TIME]

in the Special Civil Part, [COUNTY] County Superior Court.

1. Defendant requests a continuance for the following reason(s):

[ ] I need more time to find an attorney.

[ ] I need more time to gather evidence (describe):

________________________________________________________________

[ ] I have a scheduling conflict (describe):

________________________________________________________________

[ ] I am waiting for documents from (describe):

________________________________________________________________

[ ] I have a medical emergency (describe):

________________________________________________________________

[ ] Other (describe):

________________________________________________________________

1. Defendant requests that the hearing be rescheduled to a date on or

after [PROPOSED NEW DATE].

1. This continuance is necessary to ensure Defendant has a fair opportunity

to present their case and is not requested for purposes of delay.

WHEREFORE, Defendant respectfully requests that this Court grant this

Motion for Continuance and reschedule the hearing.

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: _____________________ _______________________________

[YOUR SIGNATURE]

[YOUR PRINTED NAME]

[YOUR STREET ADDRESS]

[YOUR CITY, NJ ZIP CODE]

[YOUR PHONE NUMBER]

________________________________________________________________________________

`

--- PAGE BREAK ---

FORM 3: CERTIFICATION OF SERVICE — BLANK TEMPLATE

`

________________________________________________________________________________

CERTIFICATION OF SERVICE

________________________________________________________________________________

STATE OF NEW JERSEY )

) ss.

COUNTY OF [COUNTY] )

I, [YOUR FULL NAME], of full age, being duly sworn according to law, upon

my oath depose and say:

1. I am the [ ] Plaintiff / [X] Defendant in the above-captioned matter.

1. On ____________________, I served a true copy of the following

document(s):

[ ] Answer to Complaint for Eviction

[ ] Motion for Continuance

[ ] Other: _______________________________________________________

1. Service was made as follows (check one):

[ ] BY REGULAR AND CERTIFIED MAIL, return receipt requested, to:

[PLAINTIFF'S NAME OR PLAINTIFF'S ATTORNEY]

[STREET ADDRESS]

[CITY, STATE ZIP]

Certified Mail Receipt No.: ____________________

[ ] BY HAND DELIVERY to:

[PLAINTIFF'S NAME OR PLAINTIFF'S ATTORNEY]

[STREET ADDRESS]

[CITY, STATE ZIP]

Name of person accepting delivery: ____________________

Date and time of delivery: ____________________

[ ] BY EMAIL to: [EMAIL ADDRESS]

Date and time sent: ____________________

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: _____________________ _______________________________

[YOUR SIGNATURE]

[YOUR PRINTED NAME]

[YOUR STREET ADDRESS]

[YOUR CITY, NJ ZIP CODE]

[YOUR PHONE NUMBER]

________________________________________________________________________________

Sworn and subscribed before me this _____ day of ______________, 20____.

_______________________________

Notary Public of New Jersey

My Commission Expires: __________

________________________________________________________________________________

`

FILING STEPS

1. Write down your court date, time, and address immediately — do not miss it; in NJ you must receive the Complaint at least 10 days before the hearing.
2. Write down your docket number — needed on all papers you file.
3. Identify why your landlord is evicting you and which defenses apply to your situation.
4. Gather all evidence: lease, rent receipts, bank statements, texts/emails to landlord, photos of conditions, security deposit receipt, and witness contact information.
5. Complete the Answer to Complaint for Eviction (Form 1), selecting only the defenses that apply.
6. Make 3 copies (one for court, one for landlord, one for yourself).
7. File the original at the Special Civil Part Clerk's office in your county; filing fee is typically $15–$50 (request fee waiver if needed).
8. Complete the Certification of Service (Form 3) and send a copy to your landlord by certified mail.
9. If you need more time, file the Motion for Continuance (Form 2) as soon as possible.
10. Arrive at court 30 minutes early on your hearing date; bring all evidence.
11. If you have counterclaims (security deposit, uninhabitable conditions), present them clearly and ask for judgment in your favor.
12. If you lose: landlord must wait 3 business days before requesting Warrant of Removal; you get 3 more business days after the Warrant is served before lockout; you can pay all rent owed within 3 business days of Warrant posting to stop the eviction (N.J.S.A. 2A:42-10.16a).
13. You cannot be locked out without a Warrant — self-help evictions are illegal in NJ.

COURT INFORMATION

FILING CHECKLIST

Before Going to Court

• [ ] I know my court date, time, and location
• [ ] I have the docket number
• [ ] I have read the Summons and Complaint carefully
• [ ] I have gathered my lease and all rent receipts
• [ ] I have taken photos of any problems (with dates)
• [ ] I have my security deposit receipt and any bank notices
• [ ] I have completed my Answer form
• [ ] I have filed my Answer with the clerk
• [ ] I have sent a copy to my landlord (certified mail)
• [ ] I have completed Certification of Service

At Court

• [ ] Photo ID
• [ ] Copy of Summons and Complaint
• [ ] Filed Answer (stamped copy)
• [ ] Certification of Service
• [ ] All evidence organized in order
• [ ] Notebook and pen
• [ ] Arrive 30 minutes early

If I Lose

• [ ] Note the judgment date
• [ ] 3-business-day waiting period before Warrant can issue
• [ ] 3-business-day period after Warrant is served to move
• [ ] If non-payment: 3 days after Warrant posted to pay all rent and stop eviction
• [ ] Contact legal aid immediately if you want to fight further

STATUTE REFERENCES

DISCLAIMER

Jurisdiction-correct document templates. Not legal advice.

• Jurist-Diction is not a law firm and cannot provide legal advice.
• These forms may not be appropriate for your specific situation.
• Laws change frequently. Verify current law before filing.
• New Jersey has complex eviction laws with many local variations.

Need help? Find free legal aid at lsnjlaw.org or call 1-888-LSNJ-LAW.