Enhances use of breach of implied warranty of habitability as defense to certain eviction actions.
New Jersey S403 codifies and enhances the use of the implied warranty of habitability as a defense to certain eviction actions. The bill allows tenants to assert a breach of the implied warranty of habitability as a defense or set-off in a landlord’s eviction action for non-payment of rent. If a tenant proves a breach, the court may reduce the tenant’s rental obligation to the reasonable rental value of the property in its defective condition, and the tenant would be entitled to an offset in the amount of the cost of all repairs made by the tenant which the landlord was obligated but failed.
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