New Jersey Eviction Notice
A New Jersey eviction notice is a formal document issued by a landlord to a tenant, informing them of a lease violation and the potential for eviction if the issue is not resolved. This notice must adhere to state regulations and provide tenants with a specified timeframe to address the situation or vacate the premises.
New Jersey Eviction Notice
Types of New Jersey Eviction Notices
In New Jersey, landlords can issue several types of eviction notices based on specific grounds for eviction:
1. 30 Day Notice to Quit
- Grounds: Nonpayment of rent (if the landlord has accepted late payments in the past).
- Curable: Yes, if the tenant pays the overdue rent within the notice period.
- Notice Period: 30 calendar days.
2. 30 Day Notice to Comply or Vacate
- Grounds: Lease violations that are curable (e.g., health and safety issues, interference with neighbors).
- Curable: Yes, the tenant can correct the violation.
- Notice Period: 30 calendar days.
3. 3 Day Notice to Vacate
- Grounds: Incurable lease violations (e.g., illegal activity).
- Curable: No.
- Notice Period: 3 judicial days (excluding weekends and legal holidays).
4. 30 Day Notice to Vacate
- Grounds: Termination of a month-to-month lease or expired lease.
- Curable: No.
- Notice Period: 30 calendar days.
Grounds for Eviction
Landlords can evict tenants for various reasons, including:
- Nonpayment of Rent: Immediate eviction without notice required, or a 30-day notice if late payments have been accepted previously (N.J.S.A. § 2A:18-61.2).
- Lease Violations: 30-day notice required for non-compliance with lease terms (N.J.S.A. § 2A:18-61.2).
- Disorderly Conduct or Illegal Activity: 3-day notice required (N.J.S.A. § 2A:18-53(c) and § 2A:18-61.2).
- Termination of Month-to-Month Lease: 30-day notice required (N.J.S.A. § 2A:18-56).
Eviction Process in New Jersey
The eviction process involves several steps that must be followed precisely:
Step 1: Serve Notice to Quit
The landlord must deliver the appropriate eviction notice to the tenant, specifying the reason for eviction and the time frame for compliance.
Step 2: File a Complaint and Summons
If the tenant does not comply with the notice, the landlord files a complaint and summons at the Clerk of the Special Civil Part Office in the relevant county.
Step 3: Serve Papers on Tenant
A court officer serves the tenant with the summons, which includes the court date and details.
Step 4: Receive Court Judgment
If the landlord prevails in court, they receive a Judgment for Possession. If the tenant does not vacate, the landlord can apply for a Warrant for Possession, allowing the sheriff to remove the tenant.
Legal Requirements for Eviction Notices
- Content: The eviction notice must include the tenant’s full name and address, the lease violation, the balance due (if applicable), the date of termination, and the landlord’s signature and address.
- Delivery Methods: Notices can be delivered by hand, to a person over age 14 on the premises, by certified mail, or by posting in specific cases.
- Notice Period Calculation: The notice period begins the day after delivery. If the last day falls on a weekend or holiday, it extends to the next judicial day.
Tenant Protections and Additional Considerations
Tenants have rights under the Anti-Eviction Act (N.J. Stat. § 2A:18-61.3) that protect them from eviction under certain circumstances, such as foreclosure. Landlords must not engage in self-help evictions, which include forcibly removing tenants or changing locks without court approval.
Statutes
- N.J. Stat. § 2A:14-1 – 6 years
- N.J. Stat. § 46:8-21.2 – Limitation on amount of deposit
- N.J. Stat. § 46:8-19 – Security deposits; investment, deposit, disposition
- N.J. Stat. § 46:8-21.1 – Return of deposit; displaced tenant; termination of lease; civil penalties, certain
- N.J. Stat. § 46:8-50 – Notification, tenants, flood zone
- N.J. Stat. § 46:8-28 – Certificate of registration; filing, contents
- N.J. Stat. § 46:8-28.1 – Certificate; indexing, filing; inspection; fee; validation
- N.J. Stat. § 46:8-29 – Provision of copy of certificate of registration to tenant
- N.J. Stat. § 46:8-45 – Statement of legal rights and responsibilities of tenants and landlords of rental dwelling units
- N.J. Stat. § 46:8-46 – Statement; distribution and posting by landlords
- N.J. Stat. § 2A:18-56(a) – Proof of notice to quit prerequisite to judgment
- N.J. Stat. § 2A:18-56(b) – Proof of notice to quit prerequisite to judgment
- N.J. Stat. § 2A:18-56(c) – Proof of notice to quit prerequisite to judgment
- N.J. Stat. § 2A:18-61.2 – Removal of residential tenants; required notice; contents; service
- N.J. Stat. § 2A:42-88 – Grounds for action
- N.J. Stat. § 2A:32A-1 – Civil action for bad checks, electronic funds transfers
- N.J. Stat. § 2C:43-8 – Sentence of imprisonment for disorderly persons offenses and petty disorderly persons offenses
- N.J. Admin. Code § 5:10-14.4(a) – Minimum Temperature
FAQs
A New Jersey eviction notice is a legal document sent by a landlord to inform a tenant of a lease violation, such as non-payment of rent or other lease terms. It provides the tenant with a specified timeframe to address the issue or vacate the premises, initiating the eviction process if necessary.
In New Jersey, there are several types of eviction notices, including the 3-Day Notice to Vacate for serious violations like illegal activity, the 30-Day Notice to Quit for non-payment of rent or lease violations, and the 30-Day Notice to Vacate for terminating month-to-month leases. Each notice has specific grounds and timeframes for compliance.
The response time for a tenant in New Jersey depends on the type of eviction notice received. For a 3-Day Notice to Vacate, the tenant must vacate within three judicial days, while for a 30-Day Notice to Quit, the tenant has thirty calendar days to comply or move out.
To evict a tenant in New Jersey, a landlord must first serve a proper eviction notice. If the tenant does not comply, the landlord can file a complaint and summons with the local court. After a court hearing, if the landlord prevails, they can obtain a Judgment for Possession and apply for a Warrant for Possession to remove the tenant.
In New Jersey, a landlord can evict a tenant without prior notice only in cases of immediate non-payment of rent if they have not accepted late payments in the past. Otherwise, a notice is required to inform the tenant of the violation and provide them with an opportunity to remedy the situation.
Legal grounds for eviction in New Jersey include non-payment of rent, lease violations, disorderly conduct, damage to property, and illegal activities. Each ground has specific notice requirements, such as a 3-Day Notice for serious violations and a 30-Day Notice for non-payment or lease violations.
A landlord in New Jersey can serve an eviction notice through hand delivery to the tenant, delivery to a person over age 14 at the premises, or by certified mail. If hand delivery fails, the notice can be posted at a conspicuous place on the property, but this is limited to specific situations.
If a tenant does not vacate the property after the notice period expires, the landlord can file an eviction lawsuit, known as a Summary Proceeding, in the local court. If the court rules in favor of the landlord, they can obtain a Judgment for Possession and seek a Warrant for Possession to enforce the eviction.