Tenant Eviction Defense Strategies

Summary

Tenants facing eviction in New Jersey can explore several defenses. HUD Section 8 provides protections against wrongful eviction, requiring good cause for termination and a written notice. Retaliation for tenant complaints is prohibited under NJ law. Legal fees may not be considered additional rent unless specified in the lease. Breach of quiet enjoyment, such as excessive inspections, can also be a defense. Tenants should document interactions with landlords and consult tenant advocacy groups or legal aid for support. HUD protections can be found in the Code of Federal Regulations, Title 24, Part 982.

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Nikki
Hi Nikki! How can I assist you with your legal issue today?
Court is Landlord Tenant Special Part. Landlord is requesting court to evict for failure to pay additional rent as a rent action. The additional rent is legal fee's of the landlord. These fee's are landlords consultation & correspondence with their attorney. Consultation never resulting in litigation. landlord refused the last months rent and filed for eviction for unpaid rent and additional rent. The tenant has a housing choice voucher with protections under the H.U.D for section * evictions. Tenant believes that this action is retaliation Tenants believe that the management staff is colluding with the housing agency What are the tenants defenses against eviction under these circumstances.
Nikki, here are some defenses you could consider:
- HUD Section * Protections: Federal law provides specific protections for tenants with housing choice vouchers.
- Retaliation: NJ law prohibits eviction in retaliation for tenant complaints.
- Unlawful Additional Rent: Legal fees may not qualify as additional rent unless specified in the lease.
- Breach of Quiet Enjoyment: Excessive inspections and forced social worker interactions could be a breach of your lease.
Have you documented all interactions and communications with the landlord and housing agency?
most of them
Nikki, it’s good that you’ve documented most interactions. Here are some defenses you could consider:
- HUD Section * Protections: Safeguards against wrongful eviction.
- Retaliation: NJ law prohibits eviction for tenant complaints.
- Unlawful Additional Rent: Legal fees may not qualify as additional rent unless specified in the lease.
- Breach of Quiet Enjoyment: Excessive inspections and forced social worker interactions.
Have you consulted with a tenant advocacy group or legal aid organization for additional support?
yes
Nikki, here are some defenses you could consider:
- HUD Section * Protections: Federal law provides specific protections for tenants with housing choice vouchers.
- Retaliation: NJ law prohibits eviction in retaliation for tenant complaints.
- Unlawful Additional Rent: Legal fees may not qualify as additional rent unless specified in the lease.
- Breach of Quiet Enjoyment: Excessive inspections and forced social worker interactions could be a breach of your lease.
Have you documented all interactions and communications with the landlord and housing agency?
What are the Protection under Hud Section * where can they be found
Hi Nikki! Here are some HUD Section * protections you might find useful:
- Prohibition of Eviction Without Good Cause: Landlords cannot terminate a lease without good cause.
- Notice of Termination: Tenants must receive a written notice stating the reason for eviction.
- Right to a Hearing: Tenants have the right to request a hearing to contest the eviction.
You can find these protections in the Code of Federal Regulations, Title *, Part *. Have you consulted a local housing counselor or attorney for further assistance?