If you’re a landlord or property management company seeking to evict a tenant for missing a rent payment or violating another Rental Agreement term, use a New Jersey (NJ) Eviction Notice to begin the process.
- What is an Eviction Notice?
- New Jersey Eviction Notices by Type
- New Jersey Laws & Requirements for Eviction
- What is the Eviction Process in New Jersey?
- Related Court Forms
- Landlord-Tenant Eviction Information
- How to Write an Eviction Notice (Notice to Pay Rent or Quit)
- New Jersey Eviction Notice Sample
What is an Eviction Notice?
An eviction notice is a legally binding document a landlord sends to a tenant to begin the process of removing the renter from the leased property.
Idaho evictions must proceed according to state law, and notices must give the reasons for eviction (per state laws) and the legally required amount of time for the tenant to respond to the lease terms violations or move out.
In New Jersey, eviction lawsuits are governed by 2A:18-53 through 2A:18-84 of the New Jersey Statutes.
New Jersey Eviction Notices by Type
Download a free eviction notice customized for New Jersey state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease (non-renewal) and that they must prepare to leave your property.
Landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
Landlords and property managers may begin to evict a tenant immediately if a tenant on a monthly lease fails to move out after the lease ends (holdover tenant).
30-Day Notice to Quit for Non-Compliance: Use this notice to quit to evict tenants if they’ve broken one or more lease terms.
Landlords must give tenants a 30-day notice period for lease term violations before the eviction process can proceed in court. During that time, tenants may have the option to fix (or “cure”) the problem.
30-Day Notice to Pay Rent or Quit: Use this notice to quit to evict tenants if they haven’t paid the rent by the due date.
Landlords must give tenants a 30-day notice period to pay their rent if they’ve accepted late rent payments previously.
Before they can move forward with the eviction process, this notice must be given.
If you wish to send a letter simply reminding your tenant that rent is late (without the threat of eviction), use a late rent notice.
New Jersey Laws & Requirements for Eviction
- Eviction Law: N.J.S.A. §§ 2A:18-53 – 2A:18-84
- Rent Grace Period: 5 days for senior citizens only (N.J.S.A. §§ 2A:42-6.1 – 2A:42-6.3). No statute for non-senior citizens
- Non-Payment of Rent: Immediate, no notice required. 30 days (1 month) if the landlord has accepted late rent payments in the past. (N.J.S.A. § 2A:18-61.2)
- Non-Compliance of Lease Terms: 30 days (N.J.S.A. § 2A:18-61.2)
- Disorderly Conduct, Damage to Property, Illegal Activity: 3 days (N.J.S.A. § 2A:18-53(c) and § 2A:18-61.2)
- Termination of a Month-to-Month Lease: 30 days (N.J.S.A. § 2A:18-56)
Landlords may also evict a tenant to take the property off the rental market, for instance, if landlords want to turn a rental into a single-family home to live in or sell. In this scenario, a landlord must give a tenant an 18-month notice to vacate.
Additionally, landlords can give a 3-day notice to quit in cases of tenant disorderly conduct; possession, use, or manufacture of illegal drugs; and threats or assault against the landlord.
A Failure to Pay Rent Increase is another notice landlords can give to evict a tenant for failing to pay a rent increase. In this scenario, landlords must provide a one-month notice to vacate without the chance to remedy the issue.
What is the Eviction Process in New Jersey?
Here are the four steps you must take to serve a notice to your tenant.
Step 1: Deliver a Notice to Quit
The landlord begins the eviction process by serving the proper notice to the tenant (via first-class mail, registered or certified mail, personal service, or a process server).
There are multiple grounds for an eviction, but the main reasons are when a tenant hasn’t paid rent (monthly rent plus late fees) on time or violated another lease agreement term.
Having written notification will provide proof that you informed the tenant of the issue. Further, protect you if this reaches the court (make sure you document all rent payments and late fees due, and if the tenant attempted to pay any portion of rent or a late fee).
Step 2: File a Complaint and Summons
Suppose the tenant doesn’t correct their violation or leave the property within the given timeframe. In that case, the landlord must go to the Clerk of the Special Civil Part Office in the county where the property is located.
Step 3: Serve the Tenant and Court Hearing
A court officer serves the tenant the summons, which lets the tenant know the court date, time, and location of the eviction hearing.
Both the landlord and tenant must go to the court hearing otherwise, the result could be dismissal (if the landlord doesn’t show) or default judgment against the tenant (if the tenant doesn’t show).
Step 4: Take Back the Property
If the landlord wins the eviction lawsuit in court, either by court order after a hearing or default judgment, the landlord will receive a Judgment for Possession.
If the tenant still does not vacate the property, the landlord can apply for a Warrant for Possession, which legally permits the sheriff to remove the tenant from the property.
Remember that tenants can move back into their rental properties if they pay all rent and fees owed to the landlord within three business days of lockout.
Related Court Forms
Tenancy Summons and Return of Service: The landlord completes this form to request the tenant’s eviction and the property’s return.
Verified Complaint Nonpayment of Rent: The official complaint form to file when the tenant does not pay rent or there is another ground for eviction.
Notice to Residential Tenants of Rights During Foreclosure: A notice is given to tenants when the rental property goes into foreclosure. It informs them of their rights and what to expect during the foreclosure process.
Landlord-Tenant Eviction Information
Landlords have rights in the eviction process, but they also have to follow certain protocols, which include:
- Explaining the reason for the eviction, found in the Grounds for Eviction handbook.
- Including the date of eviction in the notice.
- Provide the tenant with the correct days to move out or fix the contract breach, if applicable.
- Going through the proper court system.
State law provides guidance and resources for tenants facing eviction, which includes the following:
- Eviction Relocation Assistance Regulation
- Protections Against Lease Termination due to Disabling Illness, Accident or Death
- New Jersey Tenants’ Rights Handbook by the Legal Services of New Jersey
Check out this Landlord/Tenant FAQ for more state laws and information.
How to Write an Eviction Notice (Notice to Pay Rent or Quit)
Follow the steps below to write an eviction notice in New Jersey.
Step 1 – Fill Out Date of Eviction Notice
Write the date of the eviction notice.
Step 2 – Enter Tenant Information and Property Address
Provide the name of all tenants listed on the original lease or rental agreement. Enter the full street address for the rental property.
Step 3 – Enter Lease/Rental Agreement Information
Provide the name (or title) and the original lease or rental agreement date.
Step 4 – Enter Late Rent Details
Provide the beginning and end dates for the period in which the rent is past due. Write the amount of the past due rent, the number of late fees (if any), and the total amount the tenant owes to the landlord.
Step 5 – Sign Notice and Enter Landlord Information
The landlord will sign and date the Eviction Notice. Provide the landlord’s current contact information so the tenant can contact the landlord if necessary.
Step 6 – Provide Proof of Service
Proof of service is an affidavit showing that the landlord served the tenant’s eviction notice.
Enter the date of delivery. This is important because it provides evidence of the date the notice is delivered to the tenant, which starts the number of days the tenant has to pay the past due rent (3 days) or vacate the property.
The person delivering the eviction notice, the server, should complete the delivery method, the fields for the person receiving the notice, and the address of the location where the notice was delivered.
The server signs, prints their full name, and dates the proof of service.
New Jersey Eviction Notice Sample
Below is an example of what a New Jersey eviction notice looks like. Alternatively, our document builder allows you to create a customized form for your situation.