A New Jersey eviction notice is a legal document that a landlord serves to a tenant to initiate the process of eviction.
The purpose of an eviction notice is to provide the tenant with a formal notification that they are in violation of the terms of their lease or rental agreement and that legal action will be taken if the violation is not corrected.
By creating a clear and concise notice, landlords can ensure that their legal rights are protected, and tenants can understand what is expected of them to avoid legal action.
Types of Eviction Notices in New Jersey
There are several types of eviction notices that landlords can use in New Jersey, depending on the reason for eviction and the notice period required by law.
Notice to Pay Rent or Quit
Before filing an eviction case in New Jersey, a landlord must provide tenants with a 3-day notice of the intent to evict for non-payment of rent. (§ 2A:18-61.2)
If a tenant violates any agreements in the lease, and the lease provides for a right of re-entry in the case of a violation, the landlord must serve a 3-day written notice of termination of tenancy, specifying the cause of the termination. (§ 2A:18-61.2)
If the violation involves continued violation of rules and regulations or a substantial breach of covenant, the landlord must give one month's notice prior to the institution of an action for possession. (§ 2A:18-61.2)
For month-to-month tenancies, the landlord must provide one month's notice to quit before pursuing an eviction through the court. (§ 2A:18-56)
Eviction Laws and Requirements in New Jersey
Laws & Requirements
Grace Period. 5 days. (§ 2A:42-6.1)
Non-payment of Rent. 3 days. (§ 2A:18-61.2)
Non-compliance. 3 days notice for violating any covenants or agreements in the lease; 30 days for continued violation of rules and regulations or a substantial breach of covenant (§ 2A:18-61.2)
Month-to-Month. 1 month's notice. (§ 2A:18-56)
When Is Rent Late in New Jersey?
In New Jersey, rent is considered late if it is not paid on the date specified in the lease agreement.
Grounds for Eviction in New Jersey
Under New Jersey law, there are various grounds for which a landlord may seek to evict a tenant from a residential property, such as:
Grounds for Eviction
Failure to pay rent
Willful destruction or damage to the rental property
Constant violation of the landlord's rules and regulations
Breach or violation of any covenants or agreements in the lease
Holdover tenancy after a default in the payment of rent and expiration of the lease term
Eviction Process in New Jersey
The eviction process in New Jersey involves a series of steps that must be followed carefully to ensure compliance with the law.
#1. Write a Notice
The first step in the eviction process is for the landlord to serve the tenant with a written notice to quit, which is a legal document that notifies the tenant that they must vacate the premises by a certain date.
#2. File the Complaint
If the tenant does not vacate the premises by the date specified in the notice, the landlord can file a complaint for eviction with the court. The complaint must be served on the tenant along with a summons.
The tenant has five days to file an answer to the complaint. The answer is a legal document in which the tenant can raise defenses to the eviction.
#4. Court Hearing
If the tenant files an answer, a court hearing will be scheduled. At the hearing, the landlord and tenant will have the opportunity to present evidence and argue their case. If the court finds in favor of the landlord, a judgment for possession will be entered.
#5. Writ of Possession
If the court enters a judgment for possession, the landlord can obtain a writ of possession from the court, which authorizes the county sheriff to physically remove the tenant from the premises.
Other Eviction-Related Forms in New Jersey
Other Eviction-Related Forms
Verified Complaint. It is a legal document that is filed with the court in which the plaintiff (the person bringing the complaint) makes allegations against the defendant (the person or entity being sued).
Summons. The summons typically contains information about the court where the lawsuit was filed, the names of the parties involved, and the specific claims or allegations being made by the landlord.
Illegal Activity Notice. This is a notice regarding the illegal eviction of a residential tenant in New Jersey. It explains the consequences of illegal eviction, including potential criminal charges and the tenant's right to seek repossession of the rental property or damages.
Request for Warrant of Removal. This form requests that the court issue a warrant for the removal of the tenant(s) from the rental property after a judgment for possession has been issued.
Warrant of Removal. This is an official document that a landlord uses to request a court-appointed officer to remove tenants from a rental property after a court has ruled that the landlord is entitled to possession.
Eviction Information for Landlords in New Jersey
Landlords begin the eviction process by providing tenants with a written notice to vacate that meets all legal criteria. Then they can seek eviction through the courts if tenants don't leave by the date set in the notice to vacate.
If the court rules in the landlord's favor, they will be awarded possession of the property and will be able to file for a writ of possession to have the tenant evicted.
Additionally, landlords must not take illegal actions, such as changing locks, removing doors or windows, or shutting off utilities, to try to force a tenant to leave the premises.
Eviction Information for Tenants in New Jersey
Tenants in New Jersey have legal rights and protections, and they should be aware of those rights throughout the eviction process.
When a tenant receives a notice to quit from their landlord, they should carefully review the notice to ensure that it complies with the law's requirements. If the tenant believes that the notice is improper, they can file an answer to the complaint with the court within 5 days of receiving the notice.
If the court enters a judgment for possession against the tenant, the tenant should be aware that they have the right to appeal the decision.
How to Write an Eviction Notice in New Jersey
New Jersey Eviction Notice Checklist
New Jersey Eviction Notice FAQ
You can file an eviction notice if the tenant has violated the lease agreement or failed to pay rent.
You need an eviction notice in New Jersey to notify the tenant of their violation of the lease agreement or failure to pay rent and to provide them with a specified amount of time to rectify the issue before legal action is taken.
The length of time it takes to evict someone can vary depending on the circumstances of the case and court availability, but it typically takes several weeks to a few months.
Yes, a 3-day eviction notice is legal for non-payment of rent.