MARVIN MANDEL, Governor

2327

(G) IN ORDER TO EMPLOY THE REMEDIES PROVIDED BY
THIS SECTION, THE TENANT SHALL NOTIFY THE LANDLORD OF THE
EXISTENCE OF THE DEFECTS OR CONDITIONS. NOTICE SHALL BE
GIVEN BY (1) A WRITTEN COMMUNICATION SENT BY CERTIFIED
MAIL LISTING THE ASSERTED CONDITIONS OR DEFECTS OR (2) A
WRITTEN VIOLATION, CONDEMNATION OR OTHER NOTICE FROM AN
APPROPRIATE STATE, COUNTY, MUNICIPAL OR LOCAL GOVERNMENT
AGENCY STATING THE ASSERTED CONDITIONS OR DEFECTS.

(H) THE LANDLORD HAS A REASONABLE TIME AFTER
RECEIPT OF NOTICE IN WHICH TO MAKE THE REPAIRS OR CORRECT
THE CONDITIONS. THE LENGTH OF TIME DEEMED TO BE
REASONABLE IS A QUESTION OF FACT FOR THE COURT, TAKING
INTO ACCOUNT THE SEVERITY OF THE DEFECTS OR CONDITIONS
AND THE DANGER WHICH THEY PRESENT TO THE OCCUPANTS.
THERE IS A REBUTTABLE PRESUMPTION THAT A PERIOD IN EXCESS
OF 30 DAYS FROM RECEIPT OF NOTICE IS UNREASONABLE.

(I) IF THE LANDLORD REFUSES TO MAKE THE REPAIRS OR
CORRECT THE CONDITIONS, OR IF AFTER A REASONABLE TIME HE
HAS FAILED TO DO SO, THE TENANT MAY BRING AN ACTION OF
RENT ESCROW TO PAY RENT INTO COURT BECAUSE OF THE
ASSERTED DEFECTS OR CONDITIONS, OR THE TENANT MAY REFUSE
TO PAY RENT AND RAISE THE EXISTENCE OF THE ASSERTED
DEFECTS OR CONDITIONS AS AN AFFIRMATIVE DEFENSE TO AN
ACTION FOR DISTRESS FOR RENT OR TO ANY COMPLAINT
PROCEEDING BROUGHT BY THE LANDLORD TO RECOVER RENT OR THE
POSSESSION OF THE LEASED PREMISES.

(J) WHETHER THE ISSUE OF RENT ESCROW IS RAISED
AFFIRMATIVELY OR DEFENSIVELY, THE TENANT MAY REQUEST ONE
OR MORE OF THE FORMS OF RELIEF SET FORTH IN THIS SECTION.

(K) RELIEF UNDER THIS SECTION IS CONDITIONED UPON:

(1)    GIVING PROPER NOTICE, AND WHERE
APPROPRIATE, THE OPPORTUNITY TO CORRECT, AS DESCRIBED BY
SUBSECTION (H) OF THIS SECTION.

(2)    PAYMENT BY THE TENANT, INTO COURT, OF
THE AMOUNT OF RENT REQUIRED BY THE LEASE, UNLESS THIS
AMOUNT IS MODIFIED BY THE COURT AS PROVIDED IN SUBSECTION
(M).

(3)    IN THE CASE OF TENANCIES MEASURED BY A
PERIOD OF ONE MONTH OR MORE, THE TENANT HAVING NOT
RECEIVED MORE THAN THREE SUMMONSES CONTAINING COPIES OF
COMPLAINTS FILED BY THE LANDLORD AGAINST THE TENANT FOR
RENT DUE AND UNPAID IN THE 12 MONTH PERIOD IMMEDIATELY
PRIOR TO THE INITIATION OF THE ACTION BY THE TENANT OR BY
THE LANDLORD.

(4) IN THE CASE OF PERIODIC TENANCIES
MEASURED BY THE WEEKLY PAYMENT OF RENT, THE TENANT HAVING