New Jersey Eviction Laws and Eviction Process

A reference of New Jersey Eviction Laws, and steps of the New Jersey eviction process for landlords and renters, updated 2021.

• What are the reasons for eviction under New Jersey eviction laws?
  • Nonpayment of rent (N.J. Stat. Ann. § 2A:18-61/1(a))
  • Disorderly conduct or disturbing the peace of other tenants (N.J. Stat. Ann. § 2A:18-61/1(b))
  • Willfully or grossly negligently causing damage to the property (N.J. Stat. Ann. § 2A:18-61/1(c))
  • Substantial non-compliance with the lease agreement (N.J. Stat. Ann. § 2A:18-61/1(d))
  • Illegal activity (N.J. Stat. Ann. § 2A:18-61/1(n))
  • Theft of landlord’s property (N.J. Stat. Ann. § 2A:18-61/1(p))
  • Tenant remains in possession of the dwelling unit after the occupancy period without the landlord’s permission (N.J. Stat. Ann. § 2A:18-56)

• What notice do New Jersey eviction laws require that landlords provide tenants before starting the eviction process?
  • For all evictions in New Jersey, the notice must state the grounds for eviction. The required notice for evictions in New Jersey are:
    • For evictions based on non-payment of rent, the landlord must provide an immediate notice. If the landlord has accepted late rent in the past, the landlord must provide a 30-days’ notice for habitual failure to pay rent. N.J. Stat. Ann. § 2A:18-61.2(b)).
    • For evictions based on disorderly conduct, damage to the property, or illegal activity, the landlord must provide a 3-days’ notice. N.J. Stat. Ann. § 2A:18-61.2(a)).
    • For evictions based on non-compliance with the lease, the landlord must provide 30-days notice. N.J. Stat. Ann. § 2A:18-61.2(b)).
    • For evictions based on periodic tenancies, the amount of notice the landlord must provide depends on the length of the tenancy term. For yearly leases, the landlord must provide 3-months’ notice. For month-to-month leases, the landlord must provide 30-days notice. (N.J. Stat. Ann. § 2A:18-56).

• Do New Jersey eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities? 
  • No. New Jersey law prohibits self-help measures and considers these actions criminal conduct that potentially subjects landlords to criminal punishment. (N.J. Stat. Ann. § 2A:39-1.

New Jersey Eviction Process: Step-by-Step

The eviction process in New Jersey includes the following steps:

1. The landlord serves the eviction notice. The landlord must serve the applicable eviction notice on the tenant. The landlord must serve the tenant personally, leave a copy of the notice with a member of the family over 14 years old at their usual place of abode, or by certified mail. (N.J. Stat. Ann. § 2A:18-61.2)
2. The landlord files an eviction lawsuit. The landlord begins the formal eviction process in New Jersey by filing a Complaint and Summons with the Special Civil Part Clerk’s Office. The court sets a date for the hearing.
3. Parties attend the hearing. The parties attend the hearing. The judge determines whether there are legal grounds for eviction. If the court rules in the landlord’s favor or the tenant does not appear, the court provides a Judgment for Possession to the landlord. 
4.  Landlord petitions for Warrant of Possession. The landlord applies for a Warrant of Possession. They provide this to the sheriff to physically remove the tenant from the rental unit. 

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