New Jersey Eviction Laws

For a landlord to start the New Jersey eviction process a landlord must have a good reason, or just cause, for evicting or expelling a tenant. Other than for nonpayment of rent, a landlord must also serve a Notice to Quit or to Cease, though the actual eviction cannot take place without a court order.

Tenant Eviction Notice Requirements

Most evictions are for nonpayment of rent. The New Jersey eviction process allows a landlord to immediately go to court to file and serve an eviction action without having to serve a notice to the tenant in cases of nonpayment of rent

If the eviction is due to nonpayment of rent the New Jersey eviction process allows a landlord to immediately go to the court to file and serve an eviction action without having to serve a notice to the tenant of nonpayment of rent. The only time this is not allowed is if the tenant lives in federally subsidized housing, in which case a 14-Day Notice to Quit must be first given before a suit for eviction can be filed.

A New Jersey eviction notice, however, is required in other circumstances. A Notice to Cease must be served on the tenant 3-days before filing an eviction action if the landlord is alleging disorderly conduct by the tenant. The same notice is required if the tenant has intentionally damaged or allowed the destruction or damage to the premises

A 30-Day eviction notice is required if the tenant has violated a rule contained in the written lease and the tenant has continued to violate the particular rule or regulation after the notice has been served. In this case, the landlord must continue to serve the notice at or before the start of a new month. If the landlord has a right-of-reentry clause in the lease, only one notice may be given. The notice must specifically reference the rule or regulation being breached and the conduct constituting the breach.

If the tenant has been habitually late in paying the rent, the landlord can serve a Notice to Cease at least one month before filing a suit for eviction, advising the tenant that continued late payments will result in an eviction lawsuit.

Self-Help Evictions

It is illegal for a landlord to take any action to expel a tenant without a court order. No time is it okay for a landlord to forcibly evict a tenant. If a landlord attempts this a tenant needs to call police.

For more information about New Jersey eviction laws please visit:

http://www.state.nj.us/dca/divisions/codes/offices/landlord_tenant_information.html http://www.state.nj.us/dca/divisions/codes/publications/pdf_lti/evic_law.pdf http://www.nj.gov/dca/divisions/codes/publications/pdf_lti/grnds_for_evicti_bulltin.pdf

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