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Articles Tagged with “Affirmative Defense”

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A question often posed by New Jersey landlord is: “When should I file a nonpayment of rent case? After how many months?” Answering this question requires balancing the propriety of litigation relative to the amounts involved. Unscrupulous landlords may be tempted to “sit” on the rent for many months, allowing the tenant to accrue a balance that the tenant has no realistic chance of paying. In a case like this, the landlord relies on the tenant’s poor money management skills and hopes that the tenant cannot pay the all of the rent due on the court date. But, landlord-tenant law is too sophisticated for this game; the affirmative defense of “laches” may defeat the landlord’s claim.
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