Legal Question in Real Estate Law in New Jersey

Summary Actions Between Landlord and Tenant

I am a defendant in a summary action for recovery of the premises and have been withholding my rent since August 2002. This case was originally scheduled in Oct. 2002. but the landlord's lawyer has been using adjournments and dismissals to drag this case out until spring time when certain outside repairs can be done. I can prove the land- lord's lease is unenforceable and there has been fraudulent acts committed including on the paperwork. After reading Rule 6:3-4, I am confused. Can I file a motion to dismiss with prejudice? or what would you suggest? I am going pro se. Thank you.


Asked on 3/04/03, 4:51 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Summary Actions Between Landlord and Tenant

Since there appear to be factual disputes, I do not believe that any summary action can be brought and that a trial will probably be required. Best you might do is seek to have the matter dismissed for lack of prosecution, but it will probably be without prejudice to re-instituting it at a later date.

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Answered on 3/04/03, 5:35 pm


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