Whether you own or rent properties, eviction notices NJ are important documents under the law. They must be duly served upon either party to the rental agreement.
Although, as a landlord, it is tasking to handle the tedious court processes especially when you have other properties to manage.
This is why working out an agreement plan with your tenant is the best. But where the situation calls for it, strict compliance with NJ eviction laws is advisable.
Doing this will help you evade any potential legal consequences or penalties. Also, understanding this part of the law will help tenants protect their rights while avoiding unlawful tenancy termination.
If you want to know how eviction notices NJ are served, their types, associated timelines, and the court-related proceedings, we’ve covered every segment in this article.
Up-to-Date Eviction Laws in New Jersey for 2024
The primary statutes that govern the New Jersey eviction process are N.J. Stat. § 2A:18-53 and N.J. Stat. § 2A:18-61.1.
N.J. Stat. § 2A:18-53 applies to commercial tenancies and other residential homes with no more than two units (such as a two-family home, or a three-family home if the landlord resides in the unit).
While, N.J. Stat. § 2A:18-61.1 concerns all other residential tenancies apart from seasonal renters or premises less than two units, and those held in trust for a relative.
According to NJ eviction laws, you can evict a tenant based on any of the following reasons;
- The tenant fails to pay rent on time;
- The tenant is often late in paying rent;
- The tenant repeatedly acts in a disorderly manner;
- The tenant willfully or through gross negligence destroys or damages the rental premises;
- The tenant violates the terms in the lease agreement or other reasonable rules set by the landlord;
- The tenant engages or commits an illegal activity;
- The tenant continues to hold over after the expiration of the lease term;
- To comply with the local or state housing regulations, the rental premises must be demolished or boarded up for health or safety reasons.
In New Jersey, residential tenants have the right to defend themselves in an eviction lawsuit. They can not be physically removed from the rental unit, except by a special civil part officer.
Additionally, NJ eviction laws frown against any form of eviction based on discrimination and sexual harassment.
Grounds for Eviction in New Jersey
In New Jersey, you can only evict a tenant for a cause. These causes are what make up the grounds for eviction. However, before serving an official eviction notice in New Jersey, you must first serve a Notice to Cease. A Notice to Cease is a form of warning informing the tenant that they have committed a wrongful act under the law or lease, which could result in an eviction. The number of days required before serving the Notice to Quit depends on the particular circumstances of the case. The law is unclear on how many days is sufficient for the tenant to fix the default after serving a Notice to Cease. This is up to the landlord to decide, but best you make it reasonable. However, the following are the grounds for evicting a tenant under NJ eviction laws.- Failure to Pay Rent
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NOTICE!
AIn New Jersey, if a tenant fails to pay rent five business days after its due date, then it is considered late. For example, if the rent is due on the 1st of September, it is considered late if it remains unpaid by the 6th of September. Some lease agreements may further include other grace periods, which the landlord must stand by.
- Violation of Lease Terms
- Continues to violate the rules and regulations governing the premises. However, such rules must be reasonable, and must have been accepted by the tenant or made part of the lease agreement from the beginning.
- Breaches a term in the lease agreement; or
- Refuses to accept a reasonable change to the lease agreement.
- Holdover Tenancy
- Illegal Activity
- Illegal uses of controlled dangerous substances;
- Possessing firearms or other unauthorized weapons;
- Engaging in prostitution or human trafficking;
- Commit or threatens to assault you;
- Commits theft; etc.
- Property Damage
- Prohibited Conducts
- Compliance with Local or State Housing Codes
- Violates the safety and housing codes of the state, in some cases, your property may be required to be boarded up or demolished.
- Ordinarily requires compliance with the safety and housing codes;
- Requires you to correct an illegal occupancy (where the process of accepting a tenant is illegal); or
- Is intended to be taken off the rental market. This applies where it is a governmental property.
- Permanent Retirement
- Conversion of Rental Unit
- Employment Termination
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NOTICE!
Remember, before you send these official notices, you must first serve a written Notice to Cease to the tenant. It is when the tenant fails to heed to the Notice to Cease that you can proceed to serve an official eviction notice.
Types of New Jersey Eviction Notice Forms
Eviction notices NJ are legal documents that are used to evict a tenant. It helps you as a landowner, to regain possession of your property. However, the eviction process in New Jersey requires special knowledge and skill. This is due to the numerous statutes, court proceedings, and laws that apply to each case. As a landlord, knowing this part of the law will help you understand your rights, responsibilities, and the proper steps to take. This also applies to a legal tenant. In New Jersey, landlords can serve various types of eviction notices NJ when a tenant has committed a violation in the rental premises. Here are the various types of eviction notices with cause:| Eviction Notice Type | Grounds |
| Immediate Eviction | Nonpayment of rent (Without a History of Accepting Late Rent) |
| 30-day Notice to Pay Rent or Vacate | Nonpayment of rent (With a History of Accepting Late Rent) |
| 30-day Notice to Cure or Vacate | Violation of Lease Agreement |
| 3-day Notice to Quit | Illegal Activity |
| 3-day Notice to Quit | Property Damage |
| 3-day Notice to Quit | Prohibited Conduct |
| 3-day Notice to Quit | Employment Termination |
| 3-month Notice to Quit | Health and Safety Violations |
| 18-month Notice to Quit | Permanent Retirement |
| 3-year Notice to Quit | Property Conversion |
| 7-day Notice to Quit | Week-to-week Tenancy |
| 30-day Notice to Quit | Month-to-month Tenancy |
| 90-day Notice to Quit | Year-to-year Tenancy |
Eviction Notices with Cause
In certain cases, you can serve an eviction notice in New Jersey based on the ‘act or omission to act’ of the tenant. This means the eviction is based on the tenant’s fault. This could be due to the tenant’s failure to pay rent, violation of the lease agreement, etc. The following are the types of eviction notices in New Jersey based on cause; 30-Day Notice to Pay If your tenant usually pays his rent late, and you usually accept such late rent, you can only commence an action by serving a 30 day Notice to Vacate New Jersey. But if you do not have a history of accepting late rent, you can evict such a tenant without notice. In this case, you can proceed to file an eviction lawsuit. If the case goes to court and the tenant pays all outstanding dues plus the landlord’s filing fees, on or before 4:30 pm on the trial date, the eviction lawsuit will be dismissed. This is only applicable where the tenant is sued based solely on non-payment of rent. The law also allows the tenant to pay all outstanding fees three business days after the eviction, which the landlord must accept. 30-day Notice to Quit After serving the required Notice to Cease, if your tenant continues to violate the term of the lease agreement, you can evict him/her by serving a 30-day notice to vacate New Jersey. This also applies where the tenant violates the rules and regulations of the premise, or the rules of law. However, the tenant has a right to cure the violation. This means, he or she must be able to fix the wrong within 30 days. After 30 days, if the tenant fails to fix the violation or move out of the premises, you can proceed to file an eviction lawsuit in court. 3-day Notice to Quit Under NJ eviction laws, this type of eviction notice is used in various situations. Where the tenant;- Engages or commits an illegal act;
- Damages the rental unit;
- Disturbs the peaceful enjoyment of other occupants in the premise;
- Employment status has been terminated.
Eviction Notices without Cause
On the other hand, there are also certain circumstances where an eviction is not based on the fault of the tenant. In other words, it is an eviction without cause. In most cases, it is typically because the landlord does not wish to renew the lease term. However, for certain cases like this, the landlord must still deliver an eviction notice NJ. This eviction notice NJ will notify the tenant of the landlord’s intention to not renew the lease after it expires. Therefore, the tenant has to leave the rental premises. The type of notice to serve on the tenant depends on how long the tenant has lived in the rental unit. If it is a weekly tenant, you will have to serve a 7-day notice. But for a monthly tenant, a 30-day notice is sufficient. However, when it comes to yearly tenants (fixed-term lease), there’s no need to deliver a notice unless the lease agreement specifically requires it. If it does, then you must serve a 90-day (3 months) eviction notice. To avoid complications, remember to serve these notices in a way that it ends alongside the lease term. For example, if a year-to-year tenancy is fixed to end by the 31st of December, serve the notice on the 2nd of October, so the date starts counting from the 3rd of October. This way, it will be approximately 90 days.Eviction Process in New Jersey: How to Evict a Tenant from Your Premises
The eviction process in New Jersey may take a few weeks to months, depending on several factors, such as; the complexity of the case, the court’s workload, the number of defendants, etc. However, here is a complete breakdown of the New Jersey eviction process with time estimates.| Eviction Step | Timelines |
| Issuance of Initial Notice to Cease | Reasonable Time |
| Issuance of Official Eviction Notice | Immediate – 3 years |
| Issuance/Service of Summons | 3-21 business days |
| Court Hearing | 10 – 30 days after issuance of summons |
| Issuance of Warrant of Removal | 3 business days after judgment is given |
| Execution of Warrant | 3 business days |
Step 1: Landlord Issues an Eviction Notice
The first step to initiating an eviction process in New Jersey is by serving a written Notice to Cease. This notice will serve as a warning to the tenant to refrain from doing an act. If the tenant fails to comply with the warning, you can go ahead to serve an official eviction notice NJ. You can choose to serve this official notice personally or through your agent in any of the following ways;- Hand delivery to the tenant;
- By leaving a copy with a member of the tenant’s family, that is living in the tenant’s place. The person must be at least 14 years old;
- Delivery by certified mail and regular mail, if the first mail is unclaimed. This applies to all tenancies except holdover tenancies;
- Delivery by affixing a copy of the notice in a conspicuous place in the rental unit. This applies to holdover tenancies, and can only be used where hand delivery fails.
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NOTICE!
As a landlord, keeping copies of the notice as proof of service is important. It will help prove that you followed the due process in evicting the tenant.
Step 2: Landlord Files an Eviction Lawsuit with the Court
If the tenant fails to fix the breach or leave the rental (whichever is applicable) before the timeframe of the official notice expires, you have the right to seek an action in court. The appropriate court to administer such a case is the special civil part of the Superior Court. If you’re filing such a complaint as a business entity (e.g., a corporation, a limited liability company, or a partnership), having an attorney is mandatory. But for others, the NJ eviction laws allow parties to represent themselves if they so desire. However, no special treatment will be awarded as they are presumed to be knowledgeable about such part of the law. As the property owner, you will be required to fill out a bunch of forms such as the; Verified Complaint, Tenancy Summons and Return of Service, plus the Landlord Case Information Statement. You will also be required to pay the prescribed filing fees. This cost $50, but an additional $5 for more than one tenant. There’s also the $7 fee for the court’s delivery service. Remember to keep copies of the notice and complaint for yourself and your tenants. If you’re looking at how to evict a family member in New Jersey, this guide will give you all the information you need.Step 3: The Court Serves the Tenant the Summons and Complaint
After filing a complaint and filing the necessary forms, the court shall serve a copy of the ‘Tenancy Summons and Return of Service’ to the tenant. The summon shall inform the tenant to make an appearance in court. It will also specify the hearing date, which may be between 10 to 30 days after the summons is issued. A copy of the summons and complaint can be delivered either by a special civil part officer or a sheriff/other officers. They may employ any of the following methods;- Personal Service: The documents can be delivered personally to the tenant AND by ordinary mail;
- Affixing: The copies can be delivered by affixing it in a conspicuous place on the tenant’s door AND by regular mail..
- Mailing: Where the two methods cited above will be unsuccessful, the copies can be mailed by certified AND regular mail to the tenant’s address.
Step 4: Tenant Reviews the Summons and Files an Answer
In New Jersey, tenants are required to file an answer as a defense to the landlord’s claim. In this case however, the response can not be made in writing. The tenant must appear in court to file an answer to the landlord’s claim. They will also be required to fill out the Tenant Case Information Statement (TCIS), at least five days before the case management conference (next step).Step 5: Landlord and Tenant Attend the Mandatory Case Management Conference
The court will schedule a mandatory case management conference for you and your tenant. It’s important you attend, as it is a compulsory process. Most of these conferences are held online, so, there might not be a need to visit the courtroom. This conference is a means of attaining a settlement between you and your tenant. In order to achieve this, the tenant will also be exposed to various housing, legal, and utility assistance. However, if no settlement is reached at the end, the case will move to trial.Step 6: Landlord and Tenant Attend Court Hearing and Receive Judgment
Even on the date of the trial, both parties can still reach a cordial agreement and settle out of court. However, if the tenant fails to attend the hearing, you can still apply for a ‘default judgment’ from the court. During the court hearing, the burden of proof lies on your shoulders. Therefore, you must prove all the claims you have against the tenant. You can use the following documents to your advantage;- Lease agreement or deed;
- Rent receipts or repair bills;
- Dishonored cheques from the tenant;
- Text messages, emails, letters, videos, pictures, or any other thing that invalidates the tenants;
- Proof of service for the eviction notice;
- Witness (written statements from a witness are not allowed in NJ courtrooms).
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WARNING!
If you fail to attend the hearing on the scheduled date, the case will be dismissed.
Tenant Defenses and Legal Protections in Court
The tenant can rely on the following defenses in the courtroom.- Self-Help Eviction: It is considered illegal if you force your tenant out by changing the locks, turning off utilities (gas, electricity, etc), blocking access, and lots more. If the tenant proves that you performed any of these, the court may rule in favor of the tenant.
- Improper Notice: NJ eviction laws require strict compliance with its provisions and procedures. Where you fail to deliver the correct notice to your tenant or you fail to wait long enough before filing a complaint in court, your claim may be invalidated. In this case, you may have to restart the whole process from the beginning.
- Breach of Implied Warranty of Habitability: In New Jersey, this is called the Marini Doctrine. Every rental property must be ‘habitable’, i.e., people must be able to live in it safely and comfortably. A rental unit is regarded as inhabitable where it has no running water, a nonfunctioning toilet, broken appliances, unfinished floors, broken windows, no hot water, etc. In this case, the tenant may rely on this issue as the reason for withholding rent. However, this defense can only be used by a tenant that does not have a history of paying late rent. Also, the tenant must be able to prove that the issue in the rental was not caused by him, and several reports have been made to you.
- Retaliatory Eviction: You can not evict your tenant for exercising their legal rights, for example, reporting a housing code violation, joining a tenant’s organization, requesting a repair, etc. If you try to evict your tenant for such reasons, it is considered retaliation and can invalidate the eviction process.
- Constructive Eviction: You can not frustrate your tenant into leaving the premises by interfering with their right to use and enjoy the rental property. An example is when the tenant requests for a repair, and you ignore it, which thereafter leads to the tenant vacating the premises.
- Discrimination: You can not evict your tenant based on their gender, race, religion, national status, family status, etc. This may lead to further legal complications if proven.
- Illegal Tenancy: Your tenant can argue that the tenancy is illegal because the property is condemned, has various zoning violations, or it violates the provision of the law. This could invalidate the eviction process.
Step 7: Court Issues Warrant of Removal: Tenant Has 3 Days to Vacate Premises
After judgment is given in your favor, as the landlord, you can move on to submit a Request for Residential Warrant of Removal. The Warrant of Removal is a final warning to the tenant to vacate the rental unit or be forcibly led out by a Special Civil Part Officer. The civil part officer shall serve this warrant on the tenant, which informs them that they have 3 business days to vacate the premises. A tenant can avoid eviction by paying all overdue rent and court fees in full, even after the judgment has been given.⚠
WARNING!
A judgment for possession does not entitle the landlord to any outstanding rent that the tenant may owe. He can only obtain such outstanding fees by filing a claim in the special civil part or small claims section.
Step 8: Tenant Faces Forced Removal After 3-Day Deadline
If the tenant still remains in the premises after 3 days, the officer will return to execute the warrant. However, the tenant can request for an Order for Orderly Removal, which grants up to 7-calender days to move out of the rental premises. The tenant can also request a hardship stay, which stops the eviction for up to 6 months. But this can only be used where the tenant is not indebted to the landlord. Additionally, the tenant can apply for the court to cancel the judgment for possession, however, this is only granted in exceptional cases. After the eviction, if your tenant leaves his personal belongings behind, you should send a notice to him. This notice will inform your tenant that he has 30 – 33 days to claim possession of his property, or risk being sold or disposed of. Also, you can charge reasonable/actual storage costs for keeping the tenant’s personal property pending the time he claims it.Costs to Evict a Tenant in New Jersey
The cost of evicting a tenant in New Jersey depends on the particular circumstances of the case. Factors to consider are; the legal fees, court filing fees, number of tenants, etc. However, we’ve compiled a detailed analysis of the approximate estimates of the cost involved in the eviction process in New Jersey.| Eviction Action | Cost Estimate |
| Initial Court Filing | $50, plus $5 per additional tenant |
| Service of Court Summons | $7 to $22 + mileage |
| Warrant for Possession | $35 + mileage |
| Service for Warrant for Removal | $35+ |
| Execution of Warrant for Removal | $0.35+ |
| Legal Fees | $500-$10,000 |
| Storage Fees | Varies |
Eviction Notice by States
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FAQs
The eviction process in New Jersey may take from 3 weeks to 3 months depending on the circumstances of the case. It may take less time if the tenant pays all the outstanding dues, then the case will be dismissed.
To evict a family member in New Jersey, you can take the same process of serving the required Notice to Quit NJ and filing a complaint in court. Next, you will take the necessary court procedures and await judgment. If judgment is given in your favor, you can proceed to remove the tenant through an officer of the law.
If you’re wondering how to evict a tenant in NJ with no lease, you can start off by serving an official Notice to Quit depending on how long the tenant has stayed in the rental premises. More information has been given in this guide.
You can file an eviction in the office of a Special Civil Part Clerk in the county where the rental premise is located. It’s best to begin the procedure with an eviction notice NJ.
An illegal eviction refers to any wrongful tenancy termination. This refers to retaliatory eviction, self-help evictions, constructive evictions, etc. When you want to evict a tenant, it’s best you start off with serving a proper eviction notice NJ.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
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