Can a landlord evict a tenant without good cause in New Jersey?
No residential landlord in New Jersey may evict a tenant, or refuse to renew a written or oral lease, without good cause.
The Anti-Eviction Act, N.J.S.A. 2A:18-61.1, lets the Superior Court remove a residential tenant only when the landlord establishes one of the good-cause grounds the act lists.
The act covers most residential rentals, including single-family homes, mobile homes and mobile home park lots, apartment buildings, and complexes.
Which rentals does the New Jersey Anti-Eviction Act exclude?
The act excludes owner-occupied premises with not more than two rental units, and hotel, motel, or guest house space rented to a transient guest or seasonal tenant.
The NJ Courts point to a different statute, N.J.S.A. 2A:18-53, for commercial tenants and for residential properties with no more than two rental units, such as a three-family home where the landlord also lives in one unit.
The act also does not apply to a unit held in trust for, and permanently occupied by, an immediate family member with a developmental disability.
What are the legal grounds for eviction in New Jersey?
Only the good-cause grounds the Anti-Eviction Act lists, each with its own notice before the suit.
| Ground | Reason | Notice before the suit |
|---|---|---|
| a | Nonpayment of rent | No notice is required before the suit, except a 14-day notice for tenants in federally subsidized housing |
| b | Disorderly conduct that continues after a written notice to cease | Notice to quit at least three days before the suit |
| c | Willful or grossly negligent damage to the property | Notice to quit at least three days before the suit |
| d | Continued substantial breach of reasonable written rules after a notice to cease | Notice to quit at least one month before the suit |
| e | Continued substantial breach of lease covenants after a notice to cease, where the lease reserves a right of re-entry | Notice to quit at least one month before the suit |
| f | Failure to pay a rent increase that is not unconscionable and complies with rent control | Notice to quit at least one month before the suit |
| g | Health and safety removals, such as a government agency clearing a blighted area for redevelopment | Notice to quit at least three months before the suit, and no eviction until relocation assistance is provided |
| h | Permanently retiring the building or mobile home park from residential use | Notice to quit at least 18 months before the suit |
| i | Tenant refuses reasonable changes to the lease terms at lease end | Notice to quit at least one month before the suit |
| j | Habitual late payment or nonpayment after a written notice to cease | Notice to quit at least one month before the suit |
| k | Conversion to a condominium, cooperative, or fee simple ownership | Notice to quit at least three years before the suit |
| l | An owner of a building with three residential units or less who will live in a unit, or has a contract to sell it vacant to a buyer who will live there | Notice to quit at least two months before the suit, and not until the lease expires |
| m | Tenancy tied to a job with the landlord, such as superintendent, that is ending | Notice to quit three days before the suit |
| n | Drug offense conviction or guilty plea for conduct on the property | Notice to quit at least three days before the suit |
| o | Conviction or guilty plea for assault or terroristic threats against the landlord, the landlord's family, or an employee | Notice to quit at least three days before the suit |
| p | Being found liable, in a civil action for removal, for theft of property located on the leased premises | Notice to quit at least three days before the suit |
| q | Conviction or guilty plea for theft from the landlord or from other tenants in the same building or complex | Notice to quit at least three days before the suit |
| r | A civil finding of human trafficking on the premises | No suit more than two years after the violation ends |
What are a notice to cease and a notice to quit in New Jersey?
Except for nonpayment of rent, the landlord must describe the ground for eviction in detail in a written notice, and a notice to quit is required. If a tenant does not comply with a notice to cease, a notice to quit may follow; no statute sets the notice to cease period, but the time to comply must be reasonable.
A notice to quit ends the tenancy and orders the tenant to leave, but the tenant does not have to move until the court enters a judgment for possession.
Notices given for reasons other than nonpayment must be attached to the eviction complaint when it is filed.
How does the eviction court process work in New Jersey?
The landlord files the eviction complaint with the Special Civil Part Clerk in the county where the rental is located.
- Complaint filedThe filing fee is $50 for one tenant and $5 for each additional tenant, plus a $7 fee for service by the Special Civil Part Officer.
- Summons and trial dateThe court puts the trial date on the summons, at least 21 days from service of the summons.
- Trial dayOn the trial date, if both sides appear, they may first be required to meet with a court-approved mediator or settlor to try to settle. If the landlord does not appear the case is dismissed; if the tenant does not appear the landlord obtains a default.
- JudgmentThe judge either dismisses the case (a decision for the tenant) or grants a judgment for possession (a decision for the landlord). In a nonpayment case, if the tenant offers all rent due plus court costs before or on the hearing day, the landlord must accept it and the case is dismissed.
- Warrant of removalThe warrant of removal cannot issue until three business days after the judgment for possession, not counting the court day. The landlord must apply for the warrant within 30 days of the judgment for possession, unless the judgment is stayed by court order or a signed written agreement.
- Warrant servedA Special Civil Part Officer, not the landlord, serves the warrant of removal.
- Lockout by the court officerIf the residential tenant has not moved after those three business days, the landlord arranges with the Special Civil Part Officer to have the tenant evicted or locked out.
- Orderly removal or hardship stayRequests for a hardship stay or orderly removal require notice to the landlord and must be made within 10 days of the eviction.
| Fee | Amount |
|---|---|
| Complaint, one tenant | $50 |
| Each additional tenant | $5 |
| Service by the Special Civil Part Officer | $7 |
| Warrant of removal | $35 plus the officer's mileage |
Does an LLC landlord need a lawyer for eviction court in New Jersey?
Landlords that are corporations, LLCs, or limited partnerships may not file landlord/tenant lawsuits without an attorney.
How long does a tenant have after a warrant of removal in New Jersey?
The officer must give a residential tenant at least three business days to move out, not counting holidays, weekends, or the day the warrant is served.
- Residential tenantAt least 3 business days
- Business tenantMust leave immediately
In a residential nonpayment case, if the tenant pays all rent due plus proper costs within three business days after the eviction, the landlord must accept and have the case dismissed with prejudice.
Can a tenant delay an eviction after judgment in New Jersey?
A tenant can ask for an Order for Orderly Removal, which could give up to seven calendar days to move. A hardship stay cannot last more than six months, and all rent due and future rent during the stay must be paid.
- Order for Orderly RemovalUp to 7 calendar days
- Hardship stayUp to 6 months, rent paid
- Deadline to askWithin 10 days of the eviction
Can a New Jersey landlord change the locks or shut off utilities to evict?
Self-help evictions, or lockouts, by a landlord are illegal in New Jersey. A landlord may not force a tenant out by changing the locks, padlocking the doors, or shutting off gas, water, or electricity.
Removing a tenant without a judgment for possession, or by anyone other than a Special Civil Part Officer, is an illegal lockout.
A tenant who is locked out illegally can file a complaint in the Special Civil Part asking to be let back in and for money damages.