New Jersey landlords dealing with tough tenants need clarity and control, not confusion. Our guide walks through the New Jersey eviction process and laws step by step, breaking down common causes, legal requirements, expected timelines, and every crucial detail from landlord-tenant laws that help protect your investment (and your sanity).
How New Jersey Law Defines Eviction
Eviction in New Jersey means a landlord legally removes a tenant from a rental property through the court system. The process follows strict state protocols to ensure fairness and compliance with housing law.
New Jersey’s eviction laws appear in the New Jersey Statutes Annotated, Title 2A, Chapter 18-61.1, which outlines legal grounds, procedures, and tenant protections.
Eviction With Just Cause
In New Jersey, “just cause” means a landlord may not end a tenancy or evict a residential tenant unless one of the lawful grounds under the Anti-Eviction Act applies. Landlords can only proceed when tenants fail to pay rent, damage the property, violate lease rules after notice, or meet one of the 18 reasons listed in state law.
Landlords in New Jersey may evict tenants with just cause only when the case fits within specific statutory grounds. These include nonpayment of rent, repeated lease violations, or the landlord’s intent to personally occupy the unit in a small owner-occupied building. Each circumstance carries unique notice and filing requirements.
For landlords and tenants, the just cause rule ensures fairness and structure. Landlords must document every violation and follow proper notice steps (like a Notice to Cease, then a Notice to Quit) before filing in court. Tenants gain protection from arbitrary or end-of-lease removals. Accurate records of payments, lease breaches, and communication help both parties navigate the process lawfully.
Applicable law: N.J. Stat. § 2A:18-61.1, N.J. Stat. § 2A:18-53
No-Fault Evictions
In New Jersey, landlords can’t evict tenants under a fixed-term lease simply because the lease ends. The Anti-Eviction Act demands a lawful reason, such as nonpayment of rent, lease violations, or the owner’s intent to occupy the unit.
Month-to-month tenants fall under the same rule. Unless the property qualifies for an owner-occupied exemption (like a duplex where the landlord lives downstairs), you’ll need a “just cause” to reclaim the unit. New Jersey law gives tenants strong rights, so every eviction must follow the statute to the letter.
Applicable law: N.J. Stat. § 2A:18-61.1
Grounds for Eviction in New Jersey
New Jersey law allows landlords to remove tenants for several lawful reasons, including:
Non-Payment of Rent
When a New Jersey tenant misses rent, landlords must act quickly and by the book. Most renters must pay by the lease’s due date, though seniors and certain public assistance tenants are entitled to a 5-business-day grace period under state law.
Once that window closes, landlords can issue a Rent Demand Notice, requiring the tenant to pay or vacate the property. In cities like Newark or Jersey City, where housing courts stay busy, precision and documentation can make or break an eviction case.
Applicable law: N.J. Stat. § 2A:42-6.1, N.J. Stat. § 2A:18-61.1
Lease Violations
Picture it: a Hoboken tenant installs a satellite dish on the roof without approval, a Newark renter turns their living room into a weekend tattoo studio, or a Jersey City resident sneaks in two pit bulls despite a no-pets clause. These situations constitute clear breaches of the lease and may warrant eviction proceedings.
A lease agreement defines how your rental runs day to day, and when tenants ignore those terms, it can crack the door to eviction under New Jersey’s Anti-Eviction Act. For some issues, you must issue a Notice to Cease that clearly explains the problem and gives the tenant a chance to fix it. For more serious issues, landlords can skip the Notice to Cease and move straight to a Notice to Quit, which formally ends the tenancy and clears the way for eviction.
Applicable law: N.J. Stat. § 2A:18-61.1
Illegal Use of the Premises
Under New Jersey law, landlords may initiate eviction proceedings when a tenant engages in criminal activity that violates state or federal law, whether on or near the rental premises. For example, if a tenant operates an illegal drug enterprise from the basement, traffics stolen goods from the garage, or brandishes a weapon to threaten other residents, the landlord has clear statutory grounds to seek repossession through the court.
Applicable law: N.J. Stat. § 2A:18-61.1
Tenant Actions that Threaten Health or Safety
When a tenant’s behavior endangers others, New Jersey law gives landlords the right to act quickly. For example, if a tenant blocks fire exits with boxes, disables smoke alarms, or stores flammable paint thinner in the basement, landlords can pursue eviction.
Under the state’s warranty of habitability, landlords remain responsible for maintaining safe housing (even when the tenant causes the risk). In cases of health or safety breaches, landlords should document each violation with photos, inspection reports, and written warnings.
Applicable law: N.J. Stat. § 2A:18-61.1
Destruction or Neglect of the Rental Unit
When a tenant damages your property or lets it fall apart through neglect, New Jersey law gives you the right to act under the Anti-Eviction Act. The statute covers everything from smashed drywall and water damage to ruined floors caused by ignored leaks.
To prove property damage, inspect the unit, snap dated photos or video, and compare them to your move-in checklist. Collect repair quotes from licensed contractors, serve the tenant a written notice that details the damage, and prepare your evidence before heading to court.
Applicable law: N.J. Stat. § 2A:18-61.1, N.J. Stat. § 2A:18-61.1(e)(1)
Tenant is in a Month-to-Month Rental Contract
Under New Jersey law, landlords can end a month-to-month rental agreement without giving a reason (but timing matters). You must deliver a written Notice to Quit at least 1 whole month before the end of the next rental period. For example, if rent is due on the 1st, serve notice by the last day of the prior month. If the tenant stays beyond that notice period, you can file an eviction complaint in your local county court. Most filings go through the Special Civil Part.
Applicable law: N.J. Stat. § 2A:18-56
Step-by-Step Eviction Process in New Jersey
Landlords in New Jersey must follow a strict, court-supervised process when removing a tenant. Each eviction moves through a seven-step legal procedure that ensures proper notice, filing, judgment, and tenant removal.
Here are the exact steps landlords must take:
1. Deliver Notice to the Tenant
Every New Jersey eviction starts with one crucial step: proper notice. Identify the legal reason for removal under the state’s Anti-Eviction Act, then serve the correct form. For curable issues, like repeated noise complaints or unauthorized pets, issue a Notice to Cease first, giving the tenant a chance to fix the problem.
For serious violations, such as property damage or illegal activity, go straight to a 3-Day Notice to Quit. Always follow New Jersey’s service rules (personal delivery, certified mail, or handoff to a household member age 14 or older) to keep your case airtight.
Notice Forms & Timelines
- 3-Day Notice to Quit for disorderly conduct, property damage, or illegal activity: Serve this notice and wait 3 days before filing for eviction.
- 1-Month Notice to Quit for repeated lease violations or habitual late rent: Serve this notice and wait 1 month before filing for eviction.
- 3-Month Notice to Quit for property conversion or change of use: Serve this notice and wait 3 months (up to 3 years in some instances) before filing for eviction.
Applicable law: N.J. Stat. § 2A:18-61.1, N.J. Stat. § 2A:18-61.2
2. File an Eviction Lawsuit Against the Tenant
Once the notice period ends (or the tenant ignores a curable violation), the landlord will take the next step by filing a Complaint for Summary Possession with the Special Civil Part of the Superior Court. This filing initiates the formal eviction process and asks the court to grant the landlord possession of the property.
Filing costs around $50 for one tenant and $5 for each additional tenant, plus a $7 service fee. After the paperwork is submitted, the court clerk will schedule a hearing and issue a summons notifying the tenant of the date and time. In counties like Essex or Camden, hearing dates can fill up quickly, so landlords should file promptly once the notice expires.
Applicable law: N.J. Stat. § 2A:18-61.1, N.J. Stat. § 2A:18-61.2
3. Serve Court Summons Paperwork to the Tenant
Once the court clerk assigns a hearing date, the landlord will arrange for a Special Civil Part Officer or county sheriff to serve the tenant with the summons and complaint. The landlord will also complete a Landlord Case Information Statement (LCIS) and attach an affidavit or a return of service confirming that delivery complied with court rules.
After receiving the summons, the tenant should complete a Tenant Case Information Statement (TCIS) if they plan to contest the case. Afterward, both parties will then appear before the judge on the scheduled court date, usually within 2 to 4 weeks of filing, ready to present evidence and testimony.
Applicable law: N.J. Stat. § 2A:18-61.2
4. Attend the Eviction Hearing
On the court date, the landlord and tenant will appear before a judge in the Special Civil Part of the Superior Court. The landlord should come prepared with every essential document: the complaint, proof of service, lease, rent ledger, photos, and the Landlord Case Information Statement (LCIS). The tenant or their attorney will have a chance to tell their side of the story.
The judge may request more documents, call witnesses, or ask clarifying questions. Once both sides have spoken, the judge will review the evidence and move toward a decision.
Applicable law: N.J. Stat. § 2A:18-61.1, N.J. Stat. § 2A:18-61.2
5. Court Reaches a Ruling
After reviewing all the evidence and testimony, the judge will reach a decision. In most New Jersey counties, this ruling arrives within 2 to 4 weeks after the hearing (though busier courts like Essex or Bergen can take a bit longer).
If the judge sides with the tenant, they will remain in the unit unless the landlord pursues additional claims. If the judge sides with the landlord, the court will issue a Judgment for Possession, and the landlord may request a Warrant of Removal after 3 business days. The tenant still holds the right to appeal, but they must file a Notice of Appeal within 45 days of the judgment’s entry.
Applicable law: N.J. Stat. § 2A:18-61.1, N.J. Stat. § 2A:18-57
6. Judge Issues a Judgment of Possession & Warrant of Removal
After the court grants a Judgment for Possession, the landlord will request a Warrant of Removal, the final court document that authorizes a Special Civil Part Officer to remove the tenant and their belongings from the property. The court will issue the warrant at least 3 business days after judgment, giving the tenant one last window to vacate voluntarily.
Once the warrant is issued, the tenant will have 3 business days to move out unless the court approves a Hardship Stay or Order for Orderly Removal. The landlord will then coordinate with the assigned court officer to complete the lockout.
Applicable law: N.J. Stat. § 2A:18-57, N.J. Stat. § 2A:18-58
7. Law Enforcement Executes the Warrant of Removal
If the tenant stays past the deadline, the landlord will contact the Special Civil Part Officer or county sheriff to carry out the eviction. The Warrant of Removal gives these officers legal authority to enter the property and remove the tenant and their belongings. Landlords must never perform the lockout themselves; only an authorized officer can complete the process under New Jersey law.
After the eviction, the landlord will handle any personal property left behind under the state’s Abandoned Tenant Property Act. The landlord will send a written notice to the tenant by certified or first-class mail and wait at least 30 days after delivery (or 33 days after mailing) before disposing of or selling the items.
Applicable law: N.J. Stat. § 2A:18-57, N.J. Stat. § 2A:18-72
Tenant Defense Against Eviction in New Jersey
An eviction can damage credit, make it harder to secure future housing, and strain families who suddenly need to find a new home. But even when the odds feel stacked, tenants still hold rights and options to defend themselves.
Sometimes, simple action makes all the difference. Tenants who keep receipts, document repair issues, and communicate in writing with their landlord often stand stronger in court. Others may avoid eviction entirely by negotiating payment plans, promptly correcting lease violations, or requesting mediation through their local court before the case escalates.
If the process becomes too much, professional help exists. Legal Services of New Jersey offers free or low-cost legal guidance to qualified tenants statewide. Call 1-888-LSNJ-LAW or visit this website to connect with housing advocates who understand New Jersey’s eviction laws.
Timelines to Expect
In New Jersey, an eviction can be completed in 3 weeks to 3 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the New Jersey eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3 Calendar Days – 3 Years |
| Court Issuing/Serving Summons | 3-21 Business Days |
| Court Ruling | 10-30 Business Days |
| Court Serving Warrant for Removal | 3 Business Days |
| Final Notice Period | ~3 Business Days |
Flowchart of the New Jersey Eviction Process
Typical Court Fees
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+ |
Face the New Jersey Eviction Process Head-On
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