Outline of the Eviction Process in New Jersey

1. Grounds for Eviction

• Legal reasons required (just-cause for most tenancies):
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized occupants, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • Refusal to accept reasonable lease changes.
  • End of lease term (with just cause).
  • Holdover tenancy or no-fault (e.g., owner occupancy).
• Laws: N.J. Stat. Ann. § 2A:18-61.1 to § 2A:18-61.59 (Anti-Eviction Act); § 2A:18-53 (non-protected tenancies).

2. Notice to Quit

• Written Notice to Quit or Cease served:
  • Non-payment: Immediate notice to pay or vacate (typically 3–7 days per lease).
  • Lease violation: Notice to Cease (3–30 days to cure), then 1-month notice to vacate if uncured.
  • Illegal activity: 3-day notice to vacate (no cure).
  • Month-to-month: 1-month notice (with just cause).
  • No-fault (e.g., owner occupancy): 3-month notice.
  • Holdover or lease refusal: 1-month notice.
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent (before/at hearing) or fixing violation (within reasonable time).

3. Filing the Eviction Case

• File Complaint for Eviction in Superior Court, Special Civil Part.
• Documents: Complaint, summons, Notice to Quit, lease, proof of service, landlord registration.
• Fee: ~$50–$175 (varies by county).
• Timing: After notice period expires (e.g., 4th day for 3-day notice).

4. Serving the Summons and Complaint

• Court officer serves papers 10 days before hearing.
• Methods: Personal delivery, left with resident (age 14+), or mailed (certified mail).
• Tenant must appear at hearing; written Answer optional within 10 days.

5. Court Hearing

• Held 10–28 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Warrant for Removal if landlord wins.
• Appeal: 7 days to Appellate Division (requires bond).
• Warrant issued: ~3–7 days post-judgment; sheriff serves 72-hour notice to vacate.

7. Physical Eviction

• Sheriff or court officer removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: N.J. Stat. Ann. § 2A:18-57.

8. Tenant Protections

• Rights:
  • Cure violations (pay rent before/at hearing, fix issues in reasonable time), just-cause protections, defenses (retaliation, discrimination, habitability).
  • Local rent control, right to counsel in some areas.
  • No self-help evictions (landlord penalties include damages or reinstatement).
• Resources:
  • Legal Services of New Jersey (888-576-5529), lsnj.org, njcourts.gov.

Notes

• Disclaimer: General guide; consult a lawyer. Local ordinances may apply.
• Sources: N.J. Stat. Ann. § 2A:18-61.1 to § 2A:18-61.59, § 2A:18-53; njcourts.gov; lsnj.org.

Eviction Process by State