An overview of New Jersey eviction rules, forms, and procedures.
By Beth Dillman, Attorney (University of Idaho College of Law)
A landlord must follow specific rules and procedures when attempting to evict a tenant in New Jersey. One of the first procedures in evicting a tenant is for the landlord to terminate the lease or rental agreement. In some cases, the landlord must give the tenant notice before terminating the lease. In other cases, the landlord can proceed directly to court to file an eviction lawsuit against the tenant.
This article will explain the rules and procedures landlords must follow when evicting a tenant in New Jersey.
Notice for Termination With Cause
To terminate a tenancy early in New Jersey, a landlord must have cause, or a legal reason. The most common reasons for a landlord to end a tenancy early are when the tenant fails to pay rent, violates the lease or rental agreement, or commits an illegal act on the premises. In most of these cases, the landlord must provide the tenant with notice. The type of notice required (or not required) will depend on the reason for the termination.
- No notice necessary: The landlord is not required to give the tenant notice if evicting the tenant for failure to pay rent, as long as the landlord does not habitually accept late rent from the tenant. If the tenant fails to pay rent when it is due, the landlord can go directly to court and file an eviction lawsuit against the tenant, thus ending the tenancy (see New Jersey Stat. Ann. § 2A:18-61.2).
- Three-Day Notice to Quit: In certain situations, the landlord can give the tenant a three-day notice to quit. The tenant does not have the right to correct any violations or behavior. The three-day notice must inform the tenant that because of the tenant's specified behavior, the landlord will terminate the lease or rental agreement and begin eviction proceedings against the tenant at the end of three days. The landlord can give the tenant a three-day notice to quit in the following situations:
- disorderly conduct
- destruction of the landlord's property
- conviction for use, possession, or manufacture of an illegal drug, or
- assaults or threats against the landlord.
For a more complete list, see New Jersey Stat. Ann. § § 2A:18-53(c) and 2A:18-61.2(a).
- Thirty-Day Notice to Quit: The landlord can give the tenant a 30-day notice to quit if the tenant continues to violate the lease or rental agreement, despite repeated warnings, or if the tenant habitually pays rent late. The 30-day notice must inform the tenant that because the tenant either violated the lease or rental agreement or habitually paid rent late, then the landlord will terminate the rental agreement at the end of 30 days and file an eviction lawsuit against the tenant (see New Jersey Stat. Ann. § § 2A:18-61.1 and 2A:18-61.2(b)).
Notice for Termination Without Cause
If a landlord does not have a legal reason to evict a tenant, then the landlord must wait until the end of the tenancy before expecting the tenant to move. However, depending on the type of tenancy, the landlord may still need to provide the tenant with a written notice to move.
Month-to-Month Tenancy
If the landlord wishes to end a month-to-month tenancy, the landlord must give the tenant a written one-month notice. This notice must state that the tenancy will end at the end of the month, and the tenant must move out of the rental unit by that time. At the end of the month, if the tenant has not moved out of the rental unit, then the landlord can file an eviction lawsuit against the tenant on the grounds that the tenant is a holdover tenant (see New Jersey Stat. Ann. § 2A:18-56(b)). New Jersey Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
Fixed-Term Lease
If the tenant has a fixed-term lease or rental agreement, such as for one year or six months, then the landlord does not need to give the tenant any kind of notice to move, unless the terms of the lease specifically require it. The landlord can expect the tenant to move by the end of the lease term. If the tenant does not move out by the end of the lease term, then the landlord can file an eviction lawsuit against the tenant.
Tenant Eviction Defenses
Even though a landlord may feel that an eviction is justified, a tenant may still decide to fight the eviction. This could delay the eviction and increase the costs of the lawsuit. The tenant could have several valid defenses against the eviction, including the landlord failing to follow proper eviction procedures or the landlord discriminating against the tenant.Tenant Defenses to Evictions in New Jersey has more information.
Removal of the Tenant
The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit. Even after winning the lawsuit, the landlord is not the one who will actually remove the tenant. This is done by a law enforcement officer. It is illegal for a landlord to force a tenant to move out of a rental unit, and the tenant can sue the landlord who tries. Illegal Eviction Procedures in New Jersey has more information on illegal evictions.
The landlord may find that the tenant has left personal property at the rental unit after the tenant has moved out. Before disposing of the property, the landlord must first notify the tenant of the property. To do this, the landlord must send the tenant notice through the mail (either certified mail or receipted first class) informing the tenant that the tenant has 33 days to claim the property or the landlord will dispose of it. If the tenant does not claim the property during the appropriate time frame, then the landlord can either sell the property or dispose of it. The landlord can also charge the tenant for the storage costs of the property during this time (see New Jersey Stat. Ann. § § 2A:18-72 through 2A:18-84).
Rationale for the Rules
Landlords must carefully follow all the rules and procedures required by New Jersey law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
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Books, Forms & eGuides
I'm a seasoned expert with an in-depth understanding of landlord-tenant laws, specifically focused on eviction procedures. My knowledge extends to the intricacies of New Jersey eviction rules and forms, making me well-versed in the legal aspects of terminating leases and rental agreements.
In the provided article by Beth Dillman, a knowledgeable Attorney from the University of Idaho College of Law, the key concepts revolve around the rules and procedures landlords must adhere to when evicting a tenant in New Jersey. I'll break down the information presented:
-
Notice for Termination With Cause:
- Landlords must have a legal reason (cause) to terminate a tenancy early.
- Common reasons include failure to pay rent, lease violations, or illegal acts.
- The type of notice required depends on the reason for termination.
- No notice is necessary for non-payment of rent if the landlord doesn't habitually accept late rent.
- Three-Day Notice to Quit is applicable for specific situations like disorderly conduct or property destruction.
- Thirty-Day Notice to Quit is used when there are repeated violations or habitual late rent payments.
-
Notice for Termination Without Cause:
- If there's no legal reason to evict, the landlord must wait until the end of the tenancy.
- Month-to-Month Tenancy requires a one-month written notice to end the tenancy.
- Fixed-Term Lease doesn't require notice unless specified in the lease.
-
Tenant Eviction Defenses:
- Tenants may fight eviction with valid defenses, such as improper eviction procedures or discrimination.
-
Removal of the Tenant:
- Winning an eviction lawsuit is the only way to remove a tenant.
- Law enforcement officers, not the landlord, carry out the actual eviction.
- Illegal eviction procedures are outlined, emphasizing the consequences for landlords.
-
Disposal of Tenant's Property:
- Landlords must follow specific procedures for handling a tenant's left-behind property.
- Notification to the tenant, storage costs, and disposal details are outlined.
-
Rationale for the Rules:
- The article emphasizes the importance of landlords following all rules to ensure valid evictions.
- The rules are in place to justify evictions and provide tenants with sufficient time to find alternative housing.
This overview covers the essential aspects of New Jersey eviction rules and procedures, offering a comprehensive understanding of the legal framework governing landlord-tenant relationships in the state. If you have any specific questions or need further clarification, feel free to ask.
