Eviction in New Jersey: the Anti-Eviction Act and tenant rights

Good cause: the heart of New Jersey eviction law

New Jersey gives tenants some of the strongest protections in the country. Under the Anti-Eviction Act, a landlord can't evict a covered tenant just because a lease ended or because they would prefer a new tenant. They need one of the specific grounds listed in N.J.S.A. 2A:18-61.1.

The Act does not cover owner-occupied buildings with no more than two rental units, or hotels, motels and guest houses rented to transient or seasonal guests. In those buildings the landlord doesn't need one of the statutory good-cause reasons, but self-help lockouts are still off the table.

• Nonpayment of rent, or habitual late payment after written notice
• Disorderly conduct, or willful or grossly negligent damage to the property
• Continued violation of reasonable rules or substantial lease breaches after written notice
• Refusing reasonable lease changes, or not paying a lawful rent increase
• Certain drug, assault, theft or human trafficking offenses connected to the property
• Owner closing, demolishing or permanently retiring the building, or certain condo conversions and owner occupancy

Notices before a case can be filed

For nonpayment of rent, a landlord can file in court without a notice to quit. For most other grounds, N.J.S.A. 2A:18-61.2 requires a written notice that states in detail why the tenancy is ending, and many grounds also require an earlier notice to cease (a warning to stop the behavior).

The required notice periods include 3 days for disorderly conduct or damage, one month for rule violations, lease breaches, habitual late payment or refusing lease changes, and much longer periods for owner-driven reasons, such as 18 months to permanently retire a building from residential use and 3 years for condo conversion. Notice can be delivered in person, left with a family member over 14 at the home, or sent by certified mail (with regular mail if the certified letter is unclaimed).

Several owner-driven grounds also come with extra protection: for permanent retirement of a building, condo conversion and certain owner-occupancy cases, no case can be filed while a written lease is still in effect. Because the statute requires these notices before filing, a missing or defective notice can undermine the landlord's case, so both sides should look closely at the notice itself.

What happens in Landlord/Tenant court

Eviction cases are heard in the Landlord/Tenant section of the Superior Court, Special Civil Part. According to the Judiciary's tenant information sheet, there is a mandatory case management conference, and most are virtual. If the tenant misses it, the court can enter a default. If the landlord misses it, the case can be dismissed.

Many cases settle. If you reach a settlement before trial, you still need to attend so the judge can approve it. If the case goes to trial and the landlord proves a valid ground, the court enters a judgment for possession. A judgment for possession is not the same as a money judgment for back rent, which is handled separately.

Paying to stop a nonpayment eviction

In a nonpayment case, the Judiciary explains that a tenant can stop the eviction by paying all rent owed plus court costs by the close of business on the day of trial, or within three business days after the eviction. Payment to the court must be by cash, certified check or money order payable to "Treasurer, State of New Jersey". Personal checks aren't accepted.

If a tenant pays everything owed after that three-business-day window, they can ask for a hardship stay of up to six months, but they have to keep paying rent during the stay.

The warrant of removal and move-out

After a judgment for possession, the landlord can ask the court for a warrant of removal. The Judiciary says the warrant can't be issued until three business days after the judgment, and the landlord generally has to apply within 30 days. A Special Civil Part Officer serves the warrant, and a residential tenant then has at least three business days, not counting weekends, holidays or the day of service, to move out.

A tenant who needs a little more time can ask for an Order for Orderly Removal, which usually allows no more than seven calendar days. After the move-out, the landlord has to let the tenant retrieve belongings and follow New Jersey's abandoned property rules.

Costs, timing and getting help

Eviction cases move faster than most civil cases, so it helps to act early. A landlord who wins pays the court a fee for the warrant of removal (the Judiciary lists $35 plus the officer's mileage), and the officer generally has to carry out the warrant within 30 days of issuance unless a court order or written agreement stays it.

Settlement agreements are common, and they can include payment plans or a move-out date. Read them carefully before signing, because missing a payment under an agreement can lead quickly to a warrant. The Judiciary notes that Legal Services of New Jersey may offer free help to tenants who qualify, and both landlords and tenants can hire private attorneys.

For landlords, most dismissed cases come down to paperwork: the wrong ground, a notice that doesn't state the reason in detail, or a notice served the wrong way. Getting those right at the start saves weeks.

Illegal lockouts and self-help

A New Jersey landlord can't change the locks, padlock the door, shut off utilities or remove a tenant's belongings to force them out. Only a Special Civil Part Officer acting under a court warrant can carry out an eviction.

If you are locked out without a judgment and warrant, the Judiciary says you can file a complaint at the county courthouse asking to be let back in and for money damages. Landlords who try self-help often turn a winnable case into one where they owe the tenant money.