New Jersey Eviction Laws: Rights and Responsibilities

Did you know that over a third of New Jersey residents are renters? If you're one of them — or a landlord -— you might be wondering about eviction rules. What does state law say, and how does it affect both sides of the rental agreement?

This article covers New Jersey's landlord-tenant law for the eviction process. You'll learn about common reasons for eviction, from non-payment of rent to lease violations — and the specific notices landlords must provide when tenants break the rules. We'll guide you through the entire legal process, from the initial warning to the final court decision.

Further, tenants will discover their rights and responsibilities, preparing them for any difficult situations — and how to know when to seek help. Landlords will learn about the legal dos and don'ts, including which actions could create trouble. We'll also look at ways to prevent evictions, which can benefit both parties in a rental agreement.

If you're a renter wondering about your rights or a property owner looking to stay on the right side of the law, you're in the right place. This guide breaks down New Jersey's eviction laws in plain English.

New Jersey eviction reasons and notices

New Jersey's Anti-Eviction Act provides 18 legal reasons why a landlord may evict a tenant. Frequent scenarios and situations include the following:

Nonpayment of rent

Nonpayment of rent is one of the most common reasons for eviction. This includes situations wherein tenants don't pay at all or are consistently late with payments. Since failing to pay rent breaches the lease agreement, it's a valid reason for eviction. New Jersey law recognizes the severity of this issue and doesn't require landlords to give a notice to quit.

In these cases, New Jersey's legal process allows landlords to file an eviction lawsuit immediately. To start the process, you'll need to file a complaint with the Special Civil Part of the Superior Court in the county where your rental property is located.

Failure to pay rent increases

While New Jersey lacks statewide rent control, some local jurisdictions have their own ordinances. Within these regulations, landlords can increase rent when renewing a lease. However, this requires giving proper notice of the new amount, and the increase must be reasonable.

If the tenant decides not to pay the increased rent, the landlord can start eviction procedures.

Lease violations

A lease violation occurs when the occupant of the rental property doesn't follow the rules in the lease or rental agreement. Examples include subletting the property without permission or keeping pets when the lease doesn't allow them. In these situations, the New Jersey eviction process requires landlords to give the tenant an initial warning and time to resolve the issue.

The process starts with a 30-day written notice to quit. This notice must clearly explain where the tenant violates the lease, what they need to do to fix the problem, and what will happen if they don't comply. If the tenant fails to resolve the issue within this period, the landlord can then move forward with the eviction process.

Disorderly conduct

Disorderly conduct occurs when a tenant disrupts the peace and quiet enjoyment of others in the property or neighborhood. In these cases, landlords must first serve a notice warning the tenant about their disruptive behavior and give them time to correct it.

If the tenant fails to improve their behavior after this warning, the landlord can then serve a notice to quit. They must give this notice three days before filing an eviction lawsuit.

Illegal activity

New Jersey eviction laws take a firm stance on illegal activities occurring in rental properties. In these serious cases, landlords can take quick action. They may immediately issue a three-day notice to quit, which informs the tenant they have just three days to vacate the property. If the tenant doesn't leave within this period, the landlord can then initiate the formal eviction process.

End of lease term

If the lease term expires and the tenant doesn't move out, the tenant becomes a holdover tenant. What happens next depends on the lease or rental agreement. If the agreement doesn't clearly explain what happens at the end of the lease term, New Jersey law automatically considers it a month-to-month lease. In this situation, you cannot evict a tenant without due cause.

If your lease agreement proactively addresses this situation and doesn't allow for a periodic tenancy, then you can issue a written notice to quit. You can then begin eviction proceedings if the tenant doesn't leave the property.

Damage or destruction of property

A rental agreement typically outlines how tenants should care for the property. If a tenant causes significant damage, such as punching holes in walls or breaking windows, these actions can be grounds for eviction. In such cases, New Jersey eviction laws require the landlord to provide a three-day written notice to vacate.

If the tenant doesn't leave within this period, the landlord can then initiate eviction proceedings.

Refusal to accept new lease terms

When a lease renews, the landlord might need to make changes to the agreement. Examples could include new parking guidelines or guest policies. New Jersey allows this, but the changes must be reasonable, and the landlord must provide written notice at least one month before the current lease expires.

If the tenant refuses to accept the proposed changes, the landlord can start the eviction process, which begins with a 30-day notice to quit.

Rental property status

If the landlord wishes to stop renting the property, New Jersey's eviction laws consider this a valid reason for eviction. In this situation, the landlord must give the tenant 18 months' notice to quit before filing for eviction. This extended notice period aims to give tenants ample time to find new housing.

It's important to note that landlords must have a genuine intent to remove the property from the rental market. They can't use this as a pretext to evict one tenant only to re-rent to another.

Owner move-in

Landlords may decide to move into the rental property as their primary residence. New Jersey eviction laws refer to this as the owner-occupied exception. This provision only applies to properties with two rental units or less.

Landlords must follow proper procedures to proceed with this type of eviction. This involves giving the tenant notice to terminate the tenancy only after the current lease agreement ends. The specific notice period may vary depending on the lease terms and local regulations.

New Jersey eviction process timeline and steps

The duration of evictions in New Jersey can vary widely, typically ranging from three weeks to three months. However, some cases may take longer. Factors affecting the timeline include court schedules, case complexity, and tenant responses.

Real experiences from Reddit users illustrate these variations. User bklynboyz2 reported "Evicted 3 different times in Burlington. Sent pay or leave notice for 10 days. 30 days from filing got hearing. 30 days later filed for lockout. 15 days later lockout done. Start to end about 90 days."

However, in the same thread, tcbafd shared that "My last one in Hudson took almost 7 months. That was about a year ago. Hopefully the courts have cleared up a bit."

These accounts report that landlords can complete the process in about three months, but it may sometimes extend to half a year or more.

Step 1: Notice to tenant

As mentioned above, the landlord must provide a written eviction notice to the tenant. The notice period and timing depend on the situation. A summary of the period for eviction notices that we've covered include the following:

• Non-payment of rent: No notice required.
• Lease violations: 30-day notice to quit.
• Illegal activity or disorderly conduct: 3-day notice to quit.
• Month-to-month tenancy: 30-day notice to quit.

Step 2: Eviction lawsuit

If the tenant doesn’t comply with the eviction notice, the landlord can initiate a landlord-tenant lawsuit in the local county court. This involves submitting the following:

• Verified Complaint.
• Tenancy Summons and Return of Service.
• Landlord Case Information Statement.

Step 3: Serving the summons and complaint

The New Jersey court serves the summons and complaint to the tenant via any of these methods:

• A court officer hands the documents directly to the tenant.
• The officer posts the documents on the tenant's door.
• Giving the documents to someone aged 14 or older at the tenant's residence.
• The court may also send the documents via certified mail.

Step 4: Tenant response

The tenant can respond with a Tenant Case Information Statement (TCIS) and attend the court hearing to present their defense. It's not mandatory, but this document helps the court understand the tenant's position before the hearing.

If there are special circumstances, or if the tenant needs to dispute the landlord's claims or rent calculations, the TCIS provides a way to do so. The renter must file the TCIS at least five days before the court hearing. This document includes the following:

• Basic details about the tenant and the rental property.
• Information on the tenant's financial situation.
• Details about rental assistance applications.
• The tenant's opinion on the rent amount owed.
• Any disagreements with the landlord about the property or other issues.

Step 5: Court hearing and decision

Both the tenant and landlord should attend the court hearing. Each party presents its case and provides evidence, such as the lease agreement, rent receipts, notices, and any other key documentation.

If either party doesn't attend, the judge is less likely to rule in their favor. This means the following:

• For the tenant: If the tenant doesn't appear in court, the judge can give the landlord a default judgment for possession, letting the landlord start the eviction process.
• For the landlord: If the landlord doesn't show up, the judge dismisses the case, and they'll need to refile the complaint to continue with the eviction.

The judge will listen to both sides and then decide whether to allow or halt the eviction.

Step 6: Warrant for removal

If the landlord wins the eviction complaint case, they can ask the court for a Warrant of Removal. This warrant gets issued at least three business days after the judgment.

A Special Civil Part Officer serves the warrant, giving the tenant three business days to vacate the premises. Weekends and holidays don't count in this three-day period.

Tenants have rights during this process:

• Temporary stop: The tenant can apply to the court for relief to temporarily stop the warrant and stay in the property. They must deliver the application to the Clerk of the Special Civil Part and to the landlord or the landlord's attorney within three days after serving the warrant.
• Settle rent: If the eviction is due to nonpayment of rent, the tenant can stop the eviction process by paying all owed rent and court costs within three business days.
• To vacate the judgment: The tenant can file a motion under Rule 4:50-1 to overturn the judgment for possession if they can present a valid reason, such as a mistake, excusable neglect, fraud, or new evidence.

Step 7: Execution of the warrant

If the tenant doesn't leave the rental unit after the court case and warrant, the Special Civil Part Officer can return to the property to remove the tenant and their personal property.

This takes place between 8:30 a.m. and 4:30 p.m. on or after the specified date.

Step 8: Post-eviction process

If a tenant leaves behind any personal belongings, the landlord must follow the Abandoned Tenant Property Act for these items. This can include storing the property for a certain amount of time and letting the tenant know how to reclaim their belongings.

New Jersey tenant rights

In New Jersey, tenants have several rights during the eviction process, such as confirming that they are treated fairly and have the opportunity to defend themselves. Here are the key rights and protections for tenants facing eviction:

• Proper notice: Tenants must receive a written notice from the landlord stating the reason for eviction and the date they must vacate the property. The notice period varies depending on the reason for eviction.
• Fair hearing: Tenants have the right to a court hearing before landlords can legally evict them. This allows them to present their case and challenge the eviction.
• Legal representation: Tenants are entitled to seek legal representation during eviction. Legal aid organizations can provide assistance for those who cannot afford a lawyer.
• Contest the eviction: Tenants can dispute the grounds for eviction in court, such as by arguing that the landlord has not followed proper procedures or that the eviction is unjustified.
• Cure the issue: In some cases, tenants may have the right to fix the issue that led to the eviction notice, such as paying overdue rent or addressing lease violations.
• Anti-retaliation protections: Landlords cannot evict tenants in retaliation for exercising their legal rights, such as reporting health and safety violations or joining a tenants' union.
• Stay of eviction: In certain circumstances, tenants may request a stay of eviction, delaying the eviction to allow time to find new housing or for other reasons.
• Reclaim property: If a tenant gets evicted, they have the right to reclaim their personal property left in the rental unit. The landlord must store the property and allow the tenant time to retrieve it.
• Relocation assistance: In some cases, such as when a building is being converted into a condominium, tenants may have the right to relocation assistance from the landlord.
• Appeal: Tenants have the right to appeal an eviction decision, potentially delaying the eviction and allowing for a higher court to review the case.

Illegal evictions

New Jersey law allows evictions for specific reasons but also protects tenants' rights by strictly regulating the process. Landlords must follow proper eviction procedures. The law prohibits certain actions, such as the following:

Self-help evictions

Landlords can't take action to try to remove a tenant from a rental property without going through the legal eviction process. Examples include the following:

• Changing locks.
• Shutting off utilities.
• Removing the tenant's belongings.
• Any other actions that forcibly evict the tenant without a court order.

Self-help evictions are illegal. If you attempt one, your tenant can sue you for damages, and you may face legal penalties.

Retaliatory evictions

Landlords cannot evict tenants as a response to tenants exercising their legal rights. These rights include reporting unsafe or unhealthy living conditions, requesting repairs, or organizing or joining a tenants' union.

If a landlord tries to evict a tenant shortly after the tenant has exercised any of these rights, the law may see this action as retaliation. Tenants can challenge these evictions in court, and if they prove the eviction is retaliatory, the court may rule it unlawful.

Discriminatory evictions

Discriminatory evictions occur when a landlord tries to evict a tenant based on characteristics such as race, gender, religion, disability, family status, or national origin. These actions are illegal under federal and fair housing laws.

If a tenant believes their eviction is for discriminatory reasons, they can file a complaint with the appropriate housing authority or take legal action to protect their rights.

Ways to prevent evictions

Evictions can be costly, time-consuming, and stressful for both landlords and tenants. Fortunately, landlords can take proactive steps to reduce the likelihood of evictions. Here are some effective strategies:

• Clear communication: Maintaining open and honest communication with tenants helps address issues quickly. This can include discussing payment difficulties or any lease violations early to find mutually agreeable solutions.
• Rental assistance programs: Collaborate with local organizations or government agencies to provide tenants access to these programs. This can help tenants cover rent during financial hardships and reduce the risk of eviction.
• Property inspections and maintenance: Regularly inspect and maintain the property to confirm it meets safety and habitability standards. Addressing maintenance issues quickly can prevent conflicts that might lead to eviction proceedings.
• Tenant screening: Conduct thorough tenant screenings to choose quality renters. This includes checking credit history, references, and employment status to verify tenants have a stable financial background and are likely to fulfill their rental obligations.
• Clear lease agreements: Provide detailed lease agreements outlining all tenant and landlord responsibilities. Defining all the terms and expectations helps prevent misunderstandings and disputes that could lead to eviction.

Managing a New Jersey rental property

To help landlords manage their New Jersey rental properties effectively, Azibo offers a suite of solutions to help streamline property management tasks. Here's an overview of the components and their benefits:

• Online applications: Allow prospective tenants to apply online, simplifying the application process. This helps you gather all the key information and reduce the time and effort necessary to process applications.
• Tenant screening: Azibo provides comprehensive tenant screening services, including credit checks, background checks, and eviction history. Screening gives you the information you need to select reliable tenants and minimize issues like non-payment of rent or property damage.
• Lease agreements: The platform offers state-specific lease agreements that comply with local laws. These agreements protect tenants' interests and clarify their responsibilities.
• Rent collection: Azibo's online rent collection system automates rent payments, offering tenants multiple payment options, like ACH transfers and credit cards. Making rent payments easier increases the chances of getting rent on time. It also gives landlords real-time payment tracking and receipts of payment.
• Maintenance and messaging: The maintenance and messaging feature allows tenants to report issues and communicate with landlords directly through the platform. This centralized system helps prioritize repairs, keep records of incidents, and streamline communications.
• Accounting: Azibo includes tools for rental property accounting, such as automatic bank reconciliation, transaction tagging, and expense tracking. These features simplify bookkeeping and tax preparation, helping landlords maintain accurate financial records.
• Financial management: The platform offers financial management tools that provide data on rental income, expenses, and profitability. Landlords can use these tools to budget and forecast — and to make decisions.
• Document storage: Secure document storage in Azibo allows landlords to store and organize important documents, such as leases, receipts, and tenant communications. This feature helps maintain organized records and provides easy access to important information.​

Eviction in NJ

The eviction process in New Jersey balances the interests of tenants and landlords. It provides a legal framework for resolving disputes and maintaining fair housing practices. Understanding these laws helps both parties protect their interests and maintain positive rental relationships.

For tenants, knowing eviction laws can help protect your rights and support stable housing. Landlords who follow proper procedures can maintain their properties effectively while avoiding legal pitfalls.

New Jersey's eviction laws continue to evolve, so staying updated about these regulations helps everyone properly manage rental agreements.

New Jersey eviction laws: FAQs

How long does it take to evict a tenant in New Jersey?

Uncontested evictions usually take about three weeks to three months, depending on how quickly each step progresses, as well as the court's schedule. If the tenant contests the eviction or requests additional time, like a hardship stay, the process can extend to several months.

Can a landlord evict you if there is no lease in NJ?

Yes, a landlord can evict a tenant in New Jersey even without a written lease. If the tenant pays rent and occupies the property, it creates a month-to-month tenancy. The landlord must still provide proper notice and have a valid reason for eviction, such as nonpayment or property damage.

Can a landlord evict you without going to court in NJ?

No, a landlord cannot evict a tenant in New Jersey without going to court. The landlord must get a court order to evict a tenant legally.