Retaliatory Eviction
N.J.S.A. 2A:42-10.12 — a notice after a complaint is presumed to be a reprisal
In New Jersey, a landlord may not serve a notice to quit or sue for possession as a reprisal for a tenant's efforts to enforce rights under the lease or the law, a good faith complaint to a government authority about a health or safety violation, or involvement in a lawful organization, nor substantially change the terms of the tenancy, including refusing to renew without cause, as a reprisal.
A presumption of reprisal. A notice to quit, or a substantial change in the tenancy without cause, received after any of those, or after the tenant won an earlier eviction case, creates a rebuttable presumption that it is a reprisal.
Before going to a government authority, the tenant brings the complaint to the landlord and allows a reasonable time to fix it. A landlord who retaliates is liable for damages and other relief, including an injunction. No reprisal is presumed from a refusal to renew requested sooner than 90 days before the lease ends.
Sources for this section (2)
- N.J.S.A. 2A:42-10.10 — Reprisal as unlawful grounds for removal
- N.J.S.A. 2A:42-10.12 — Rebuttable presumption of reprisal
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.