You probably didn’t think much about it when you asked your landlord for some necessary repairs, complained about a habitability issue or joined a tenant’s union. After all, these are reasonable steps to protect your health, safety and rights as a tenant.
Unfortunately, some landlords resort to retaliation instead of addressing such issues. Your landlord may try to raise your rent without cause, suddenly refuse to renew your lease or even start eviction proceedings just because you exercised your rights in good faith.
The law is on your side
New Jersey law protects you from any form of retaliation by your landlord for standing up to your rights or speaking up. As such, you may challenge an unjustified rent increase or eviction if it stems from retaliation. You can even take legal action against your landlord to recover any damages you suffered as a result of their retaliatory actions.
What should you do if you suspect retaliation?
If you believe your landlord is retaliating against you, the most important step is to stay calm and informed. Start by familiarizing yourself with the legal protections you have and begin gathering the necessary evidence.
Keep records of all relevant communication with your landlord on the issues at hand and document your actions along with the landlord’s response. Statements from witnesses, such as your neighbors or fellow tenants, can also strengthen your case. Most importantly, do not take matters into your own hands. Withholding rent or confronting your landlord in anger can undermine your case.
How can you prove it?
Proving landlord retaliation often comes down to two things: timing and evidence. Judges may presume retaliation if the adverse actions happened soon after you exercised a legal right. That said, it helps to present supporting evidence because the landlord may try to justify their actions.
Working with someone who knows how the law works can help you understand the legal standards for relation, how they apply to your case and what options you have in protecting your tenant rights.
