What is the eviction process in New Jersey?

Landlords and tenants alike should thoroughly understand the eviction process in New Jersey as it is different than that in other states. Both parties are granted rights and responsibilities. Additionally there are laws in place that require adequate notifications be made prior to any action that would require any deviation from the lease agreement.

First it is important to understand that the laws governing residential leases can and do change periodically. Therefore you should always confirm what the exact laws are directly through your state government prior to commencing any course of action for which you may be legally liable based on those actions.

The eviction process in New Jersey can be a bit murky. Landlords have the right to file an eviction lawsuit immediately if the tenant does not pay rent. No notice from the landlord to the tenant is required.

A tenants who is frequently late making rent payments as a matter of habit does have the right to receive two notifications prior to filing an eviction lawsuit. A written “Notice to Cease” must be delivered to the tenant in situations where they are habitually late with their rent payments.

Tenants who continue to be delinquent with rent payments may subsequently be served with a “Notice to Quit” at least one month prior to the filing for the eviction. Once the eviction is filed it is up to the court to set the actual date for the hearing. It should be noted that the Notice to Quit may only require a three day notice if it relates to disorderly conduct rather than nonpayment of rent.

To confirm your actual rights and responsibilities you may contact the New Jersey Department of Community Affairs at 609-633-6286 or you may review the New Jersey Eviction Law (download pdf). You may also contact one of the advocacy organizations that protect the rights of both landlords and tenants alike. New Jersey Citizen Action is one such organization that provides protection and advocacy in order to improve the landlord-tenant relationship.

The simplest way to prevent an eviction is to always pay your rent on time, behave in a responsible manner and keep the premises in a clean and tidy state at all times. Occasionally a financial hardship may put you in the uncomfortable position of being short on rent funds. New Jersey rental assistance programs can provide cash for back rent or assist with a security deposit on a new apartment. There may also be mediation services that can help you work out differences in lieu of an eviction.

You do not have to through the eviction process in New Jersey alone. There are many local programs that may be able to provide cash or intervention that can open up additional opportunities for both parties. Just make sure that you get the help you need before it is too late.