In New Jersey, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in New Jersey?
In New Jersey, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in New Jersey?
In New Jersey, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
A 30 Day Notice to Quit for unpaid rent is an eviction notice for tenants that consistently fail to pay rent on time and landlords that accept late rent. A landlord can serve notice anytime after the legal five (5) business day grace period.
The landlord is not legally required to serve the tenant a notice for unpaid rent before filing an eviction. However, a 30 Day Notice to Quit is required if the landlord has accepted late rent in the past and the tenant consistently fails to pay rent in full and on time.
Acceptable Forms of Service in New Jersey
New Jersey landlords may deliver an eviction notice using any of these methods:
- Hand delivery to the tenant
- Hand delivery to a person over age 14 on the premises who can accept the notice on behalf of the other party
- All cases EXCEPT holding over at lease expiration: Delivery by certified mail, and by regular mail if the first mailing goes unclaimed
- ONLY for holding over, holding over after a rent default, and holding over after waste, nuisance, or certain major lease violations, AND only when all forms of hand delivery fail: Delivery by posting or affixing a copy at a conspicuous place on the premises
Mailed notice extends the notice period by five (5) calendar days, to account for variable delivery times.
Obtaining Proof of Service in New Jersey
Landlords can show proof that the notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Certified or Regular Mail – via a return receipt / mail receipt and by completing a Declaration of Service at the time of mailing
- Posting at the Premises – by taking a photograph of the posted notice with a date and timestamp
New Jersey Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 30 Day Notice To Quit | Eviction for Unpaid Rent |
| 30 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 3 Day Notice To Vacate | Eviction for Illegal Activity |
| 7 Day Notice To Vacate | Ending a Weekly Lease |
| 30 Day Notice To Vacate | Ending a Monthly Lease / No Lease |
| 90 Day Notice To Vacate | Ending a Yearly Lease or
Tenancy at Will |
Sources
- 1 NJ Rev Stat § 2A:42-6.1
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A person to whom rent is due and payable on the first of the month upon a lease or other agreement shall allow a period of five business days grace in which the rent due shall be paid.
Source Link - 2 NJ Rev Stat § 2A:18-61.2
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Habitual failure to pay rent, one month’s notice prior to the institution of the action for possession.
Source Link - 3 N.J. Stat. § 2A:18-61.2
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No judgment of possession shall be entered for any premises covered by section 2 of this act, except in the nonpayment of rent under subsection a. or f. of section 2, unless the landlord has made written demand and given written notice for delivery of possession of the premises. The following notice … shall specify in detail the cause of the termination of the tenancy and shall be served either personally upon the tenant or lessee or such person in possession by giving him a copy thereof, or by leaving a copy thereof at his usual place of abode with some member of his family above the age of 14 years, or by certified mail; if the certified letter is not claimed, notice shall be sent by regular mail.
Source Link - 4 N.J. Stat. § 2A:18-53(a) & (c)
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Except for residential lessees and tenants included in section 2 of this act, any lessee or tenant at will or at sufferance, or for a part of a year, or for one or more years, of any houses, buildings, lands or tenements, and the assigns, undertenants or legal representatives of such tenant or lessee, may be removed from such premises by the Superior Court, Law Division, Special Civil Part in an action in the following cases:
a. Where such person holds over and continues in possession of all or any part of the demised premises after the expiration of his term, and after demand made and written notice given by the landlord or his agent, for delivery of possession thereof. The notice shall be served either personally upon the tenant or such person in possession by giving him a copy thereof or by leaving a copy of the same at his usual place of abode with a member of his family above the age of 14 years. … Source Linkc. Where such person (1) shall be so disorderly as to destroy the peace and quiet of the landlord or the other tenants or occupants living in said house or the neighborhood, or (2) shall willfully destroy, damage or injure the premises, or (3) shall constantly violate the landlord’s rules and regulations governing said premises, provided, such rules have been accepted in writing by the tenant or are made a part of the lease; or (4) shall commit any breach or violation of any of the covenants or agreements in the nature thereof contained in the lease for the premises where a right of re-entry is reserved in the lease for a violation of such covenants or agreements, and shall hold over and continue in possession of the demised premises or any part thereof, after the landlord or his agent for that purpose has caused a written notice of the termination of said tenancy to be served upon said tenant, and a demand that said tenant remove from said premises within three days from the service of such notice. The notice shall specify the cause of the termination of the tenancy, and shall be served either personally upon the tenant or such person in possession by giving him a copy thereof, or by leaving a copy thereof at his usual place of abode with some member of his family above the age of 14 years. - 5 N.J. Stat. § 2A:18-54
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Source Link
Where for any reason, any of the notices required by section 2A:18-53 of this title, cannot be served as provided in said section or a summons and complaint cannot be served as in other actions, such notices or summons and complaint may be served upon any person actually occupying the premises, either personally or by leaving same with a member of his family above the age of 14 years, or when admission to the premises is denied or the tenant or occupant and all members of his family above the age of 14 years are absent from the premises, or there is no person actually occupying them, the officer or other person may post or affix a copy of the same upon the door or other conspicuous part of such premises. Such posting shall be deemed to be lawful service.
- 6 N.J. Ct. R. 1:3-3
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RULE 1:3-3 – Additional Time After Service by Ordinary Mail
When service of a notice or paper is made by ordinary mail, and a rule or court order allows the party served a period of time after the service thereof within which to take some action, 5 days shall be added to the period.
Source Link
