Know before you go
- Most New Jersey landlords need good cause to evict or to refuse to renew a lease.
- Only a court officer can remove a tenant, and only after a judge’s order.
- A tenant who misses the court date can lose by default.
New Jersey’s Anti-Eviction Act was written to protect blameless tenants, and it does that in a specific way. Most residential landlords cannot evict a tenant, or even refuse to renew a lease, without good cause from a list set by statute. They also cannot remove anyone themselves. Possession goes back to a landlord only by the tenant’s consent or through a court case.
Step 1: The landlord needs a legal ground
The act lists the grounds. The common ones, with the notice the state’s Truth in Renting guide says each requires before a case is filed, are:
| Ground | Notice before filing |
|---|---|
| Nonpayment of rent | None, except 14 days in federally subsidized housing |
| Disorderly conduct after a Notice to Cease | Notice to Quit at least 3 days before |
| Willful or grossly negligent damage to the property | Notice to Quit at least 3 days before |
| Breaking reasonable written rules after a Notice to Cease | Notice to Quit at least one month before |
| Habitual late payment after a Notice to Cease | Notice to Quit at least one month before |
| Refusing a lawful rent increase | Notice to Quit with the increase, at least one month before |
| Permanently retiring the building from residential use | Notice to Quit at least 18 months before |
A Notice to Cease is a warning to stop specific conduct. A Notice to Quit ends the tenancy and tells the tenant to leave, but receiving one does not mean the tenant must move. Only a court judgment does that. The habitual late payment ground means more than one late payment after a Notice to Cease, and a landlord who keeps accepting late rent may need to repeat the warning or risk waiving it.
Step 2: Who the law covers
The act covers most rentals: single-family homes, apartments, mobile homes and park sites, and rooming houses. It may not apply to an owner-occupied building with two or fewer rental units. Hotel and motel guests and seasonal tenants are generally outside it, unless the hotel is the occupant’s only home on a continuing basis.
Step 3: The court case
The landlord files a complaint with the Special Civil Part in the county where the rental is located. Both sides are expected at the hearing. If the landlord does not appear, the case may be dismissed. If the tenant does not appear, the court may enter a default judgment that allows the eviction to go forward.
Tip: Go to the hearing even if you think you have no defense. Missing it is the fastest way to lose, and defenses such as a habitability problem, an improper notice or a landlord who never registered the property can only be raised in court.
One defense is easy to overlook. Landlords of most rental buildings must file a registration statement with the municipality or the state and give tenants a copy. If they have not, the court must hold the case for up to 90 days to let them comply, and dismiss it if they do not.
Step 4: Judgment and the warrant for removal
If the landlord wins, the court enters a judgment for possession. The warrant for removal cannot issue until three business days after the judgment, and the tenant then has three business days after the warrant is served to leave. Only a court officer can carry it out. The warrant must tell the tenant of the right to ask for more time, and a tenant can apply to the court for a stay of eviction for special hardship. Stays are limited to one year, and rent due must ordinarily be paid for one to be granted.
A landlord who wins must apply for the warrant within 30 days of the judgment, unless the judgment is vacated or the parties sign a written agreement. After an eviction the landlord must let the tenant retrieve belongings and cannot simply keep them.
Lockouts are illegal
Changing the locks, padlocking the door, removing belongings or shutting off utilities to force a tenant out are all self-help evictions, and New Jersey does not allow them under any circumstances. A tenant who is locked out should call the police. A landlord who refuses to let the tenant back in after a police warning can be charged with disorderly conduct, and the tenant may sue for possession, damages, court costs and attorney’s fees.
Common questions
Can I be evicted for complaining about repairs?
Not lawfully. Reprisal for a good-faith complaint to a government agency, for joining a tenant group or for enforcing lease rights is prohibited. See Repairs in a New Jersey Rental: The Warranty of Habitability, Heat Rules and What a Tenant Can Do for the notice steps that protect you.
My lease ended. Do I have to leave?
Under the act, the end of a lease is not by itself good cause. A landlord who wants you out still needs one of the statutory grounds, and if the reason is a rent increase, the rules in Rent Increases in New Jersey: No State Cap, but Notice Rules, Local Rent Control and the Unconscionability Test apply.
Can a landlord enter to serve papers or check the unit?
A landlord generally has no right to enter without the tenant’s consent or a court judgment, apart from reasonable access for required inspections and repairs, which state maintenance rules allow on one day’s notice and immediately in an emergency.
Eviction cases move quickly, and free legal aid is available to many tenants. Free Legal Help in New Jersey: Legal Aid, State Agencies and Free Dispute Programs lists where to start.