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Pay or Quit – This notice informs a tenant that rent has not been paid. It explains the landlord’s expectations and warns that eviction may follow if the issue isn’t resolved.
Cure or Quit – Used for lease violations that may be corrected. The notice outlines the issue and what the tenant must do to stay in the rental.
Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a month-to-month tenancy with advance notice. It does not require a lease violation to be issued.
Notice to Quit for Illegal Activity – Applies to serious unlawful conduct. These notices must follow strict legal requirements and often lead directly to eviction.
Eviction Laws
The notice period depends on the reason for eviction and the tenant’s rental history.
- Rent Grace Period: Five days.[1]
- Non-Payment of Rent: One month if the landlord has habitually accepted late rent.[2]
- Lease Non-Compliance: Three days.[3]
- Illegal Activity: Three days.[4]
- Substantial Damage to Property: Three days.[4]
- Termination of Month-to-Month Tenancy: Varies based on circumstances.[5]
- Eviction Law Framework: New Jersey Anti-Eviction Law.[6]
Because New Jersey law is highly fact-specific, landlords must ensure they use the correct notice for the specific violation.
Prohibited Landlord Actions
- Utility Shutoff – It is illegal for a landlord to attempt to force a tenant out by shutting off essential services such as heat, water, or electricity.[7]
- Changing the Locks – A landlord may not change locks or otherwise block a tenant’s access to the rental unit.[7]
- Taking Possession of Personal Property – Landlords are prohibited from holding or seizing a tenant’s personal belongings to compel rent payment.[7]
Violations of these rules can result in serious legal penalties.
How to Evict a Tenant in New Jersey (Step-by-Step)
Step 1: Serve a Proper Notice to Quit
The eviction process begins by serving a Notice to Quit that clearly states the violation and legal reason for eviction. New Jersey requires notice even in many non-payment cases, depending on prior rent-acceptance history.
Step 2: File a Complaint and Summons
If the tenant does not comply, the landlord may file a Verified Complaint and Summons with the Special Civil Part Clerk’s Office.
Filing costs include.[8]
- $50 for one tenant
- $125 for each additional tenant
- $7 service fee for the Special Civil Part Officer
Step 3: Court Service and Hearing Notice
The court serves the tenant with the paperwork. The landlord receives a notice indicating when to appear in court.
Step 4: Obtain Judgment and Warrant for Possession
If the tenant defaults or the court rules in favor of the landlord, the court issues a Judgment for Possession. The landlord must then apply for a Warrant for Possession, which authorizes the sheriff to assist with removal if the tenant does not vacate voluntarily.
Court Forms & Resources
- Verified Complaint – Filed by the landlord after proper notice is given. For evictions other than non-payment of rent, required notices must be attached to explain the legal basis for removal.
- Summons – Filed with the complaint and served on the tenant after a court date is scheduled. It notifies the tenant of the eviction case and their right to appear.
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