An eviction in New Jersey is a court process with strict rules. Under the Anti-Eviction Act, a landlord needs a good cause listed in the law to evict or to refuse to renew a lease, has to give the right written notices, and has to win in Landlord/Tenant court. Only a court officer can carry out the lockout [1][2].
At a glance
- Reason needed?
- Yes, one of the good causes in N.J.S.A. 2A:18-61.1 [2]
- Unpaid rent
- No notice needed before filing (14 days in federally subsidized housing) [2]
- Trial date
- At least 21 days after the tenant is served [1]
- Warrant of removal
- No sooner than 3 business days after the judgment [1][2]
- Time to move after the warrant
- At least 3 business days [1][2]
- Who carries out the lockout
- Only a Special Civil Part officer [1][2]
Who the Anti-Eviction Act covers
The law covers most residential rentals, including houses, apartments, mobile homes and land in a mobile home park, and rooming and boarding houses [2]. It may not apply to owner-occupied buildings with two or fewer rental units, and it doesn’t cover hotel or motel guests or seasonal tenants, unless a hotel or motel is someone’s only, continuing home [2]. Tenants in owner-occupied two- and three-family homes have a separate set of grounds and notice periods [2].
A landlord also can’t evict just because the lease ended. Changing the terms means offering a new lease, and a tenant who refuses reasonable changes can face a case only after the right notice [2].
Notices: Cease, then Quit
New Jersey uses two kinds of written notice [2]:
- A Notice to Cease is a warning. For several grounds, the landlord must send one first and the problem must continue afterward.
- A Notice to Quit ends the tenancy. It’s required for every good cause except unpaid rent, and it has to describe the reason in detail [2].
A Notice to Quit doesn’t mean you have to leave by that date. A tenant only has to move after the court enters a judgment for possession [2].
| Ground | Notice to Cease first? | Notice to Quit before filing | Law |
|---|---|---|---|
| Nonpayment of rent | No | None required (14 days in federally subsidized housing) | 2A:18-61.1(a) |
| Disorderly conduct | Yes | 3 days | 2A:18-61.1(b) |
| Willful or grossly negligent damage | No | 3 days | 2A:18-61.1(c) |
| Breaking the landlord's written rules | Yes | 1 month | 2A:18-61.1(d) |
| Breaking lease terms (with a right of re-entry) | Yes | 1 month | 2A:18-61.1(e) |
| Not paying a lawful rent increase | No | 1 month | 2A:18-61.1(f) |
| Health and safety violations, illegal occupancy, government redevelopment | No | 3 months | 2A:18-61.1(g) |
| Permanently retiring the property from residential use | No | 18 months | 2A:18-61.1(h) |
| Refusing reasonable changes to the lease at renewal | No | 1 month | 2A:18-61.1(i) |
| Habitual late payment | Yes | 1 month | 2A:18-61.1(j) |
| Condo or co-op conversion | No | 3 years | 2A:18-61.1(k) |
| Owner of a small building or condo moving in, or a buyer moving in | No | 2 months | 2A:18-61.1(l) |
| Job-based housing after the job ends | No | 3 days | 2A:18-61.1(m) |
| Certain drug, assault, threat or theft convictions or civil findings | No | 3 days | 2A:18-61.1(n)-(q) |
For breaking the landlord’s written rules, the one-month Notice to Quit also has to be given on or before the start of a new month [2]. For grounds that end a tenancy because of a condo conversion, retirement of the property, or an owner or buyer moving in, the landlord generally can’t file until the lease expires [2].
The eviction timeline
-
Landlord serves any required notices 0 days to 3 years, depending on the reason
For unpaid rent, no notice is needed before filing (14 days in federally subsidized housing). Most other reasons need a written Notice to Quit, and some also need an earlier Notice to Cease telling the tenant to stop the problem.
DCA Truth in Renting, Eviction; N.J.S.A. 2A:18-61.1 and 61.2
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Landlord files in Landlord/Tenant court After the notice period ends
The case is filed with the Special Civil Part in the county where the rental is. The filing fee is $50 for one tenant, plus $5 for each extra tenant and $7 for a court officer to deliver the papers.
NJ Courts, Landlord/Tenant
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Tenant is served and a trial date is set At least 21 days after service
The court puts the trial date on the summons. Tenants don't file a written answer; they need to show up. If the landlord doesn't appear, the case is dismissed. If the tenant doesn't appear, the case is marked default.
NJ Courts, Landlord/Tenant
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Trial day: settlement talks, then the judge Trial date
Both sides may first try to settle with neutral court staff. If there's no deal, a judge decides. In a nonpayment case, paying the full rent owed to the court by 4:30 p.m. on the trial date can get the case dismissed.
NJ Courts, Landlord/Tenant
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Judgment for possession If the landlord wins
The judgment ends the tenancy. The landlord has to ask for a warrant of removal within 30 days unless the judgment is put on hold.
NJ Courts, Landlord/Tenant; DCA Truth in Renting
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Warrant of removal (the lockout notice) No sooner than 3 business days after judgment
A court officer serves the warrant. By law it must tell the tenant they can ask the court for more time. The fee is $35 plus the officer's mileage.
NJ Courts, Landlord/Tenant; DCA Truth in Renting, Procedures for Recovery of Premises
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Lockout by a court officer At least 3 business days after the warrant is served
Only a Special Civil Part officer can carry out the eviction. In a nonpayment case, the tenant can still pay the landlord everything owed in full up to 3 business days after the lockout. For 10 days after the lockout, the court keeps the case open to hear a tenant's request for relief.
NJ Courts, Landlord/Tenant
Ways a tenant can stop or slow an eviction
- Pay in full (nonpayment cases). The case may be dismissed if the tenant pays the court the entire rent owed by 4:30 p.m. on the trial date [1]. Charities and rental assistance programs can pay on a tenant’s behalf [1].
- Pay after the lockout. A residential tenant can still pay the landlord everything owed in full up to 3 business days after an eviction [1].
- Orderly removal. A tenant can ask for up to 7 calendar days to move [1].
- Hardship stay. This can stop the eviction for up to six months, but the tenant must first pay all money owed, plus costs [1].
- Order to show cause. A request to vacate the judgment. It’s rarely granted and needs unusual circumstances [1].
The warrant of removal itself has to tell the tenant they can ask the court for more time [2].
Fees for landlords
The Landlord/Tenant filing fee is $50 for one tenant and $5 for each additional tenant, plus a $7 fee for a Special Civil Part officer to deliver the papers [1]. The warrant of removal costs $35 plus the officer’s mileage, and the officer’s added fees can’t be more than $75 [1]. Corporations, LLCs and partnerships that own rentals must be represented by a New Jersey attorney [1].
Where to get help
The New Jersey Courts’ Landlord/Tenant self-help page has the forms and a guide to each step [1]. Legal Services of New Jersey (lsnj.org) lists free legal aid offices by county [2].
Sources
Common questions
Does a New Jersey landlord need a reason to evict?
For most residential rentals, yes. The Anti-Eviction Act says a landlord needs one of the good causes listed in the law to evict or to refuse to renew a lease. A lease simply ending isn't enough. Owner-occupied buildings with two or fewer rental units have different rules.
How much notice does a New Jersey tenant get before an eviction case for unpaid rent?
None is required before the landlord files, except in federally subsidized housing, where a 14-day notice is needed. The trial date is set at least 21 days after the tenant is served with the court papers.
How long after the judgment can a tenant in New Jersey be locked out?
The warrant of removal can't be issued until 3 business days after the judgment for possession, and a residential tenant gets at least 3 business days after the warrant is served before a court officer can carry out the lockout.