The average cost of an eviction in New Jersey for all filing, court, and service fees is $142. However, the cost can vary depending on how many tenants need to be served. Eviction lawsuits shall be filed in the Superior Court Law Division in the Special Civil Part.
| Fee | Superior |
| Initial Court Filing | $50+ |
| Summons Service | ~$22+ |
| Warrant for Removal Issuance | $35 |
| Warrant for Removal Service | $35+ |
| Warrant for Removal Execution | $0.35+ |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In New Jersey, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Summary Action“) with the court the following business day.
The filing fee for an initial Summary Action is $50, plus $5 for each additional tenant for claims $5,000 or less. For claims over $5,000, the filing fee is $75, plus $5 for each additional tenant.
2. Summons Service Fee
Once a Complaint is filed in New Jersey, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee varies by process server. For example, a sheriff can charge $22, plus milage ($0.16 per mile).[ttip number=’1′ icon=’popover-balance’] For additional tenants the sheriff can charge $20 per person; however, if the tenants are a married couple they shall be considered as one tenant.[ttip number=’1′ icon=’popover-balance’]
If the Summons is served by mailing by a Special Civil Part Officer, the landlord will need to pay $7 for each tenant served by certified and regular mail, plus a $3 re-service fee and a $7 fee for service of process by the Special Civil Part Officer. However, if the complaint is served personally by a Special Civil Part Officer, the service fee for each additional defendant served personally is $5 plus a $7 service of process fee.
3. Warrant for Removal Service Fee
In New Jersey, if the court rules in favor of the landlord, the court shall issue a Warrant for Removal. The warrant is the tenant’s final notice to vacate the premises.
A Special Civil Part Officer is legally the only person who can serve the warrant to the tenant. They charge a service fee of $35, plus milage ($0.35 per mile). Once served, the tenant has 3 business days to vacate the dwelling unit.
4. Warrant for Removal Execution Fee
In New Jersey, if a tenant remains at the premises after the warrant expires, a Special Civil Part Officer may execute the writ by removing the tenant from the premises. The officer shall charge a second mileage fee ($0.35 per mile).
Sources
- 1 NJ Rev Stat § 22A:4-8 (2022)
-
In addition to the mileage allowed by law, for serving every summons and complaint, attachment or any mesne process issuing out of the Superior Court, the sheriff or other officer serving such process shall, for the first defendant or party on whom such process is served, be allowed $22.00 and, for service on the second defendant named therein, $20.00, and for serving such process on any other defendant or defendants named therein, $16.00 each, and no more. If a man and his wife be named in such process they shall be considered as one defendant, except where they are living separate and apart.
