From start to finish, an eviction in New Jersey can take approximately 3 weeks to 3 months. However, it can take longer depending on the reason for eviction and whether the tenant contests it.
Grounds for an Eviction in New Jersey
In New Jersey, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease end
- Violating the terms of the lease
- Committing illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | No Notice | Maybe |
| History of Delinquent Rent | 30 Days | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation | 30 Days | Yes |
| Illegal Activity | 3 Days | No |
Nonpayment of Rent
In New Jersey, a landlord can evict a tenant for not paying rent within the legal 5 day grace period.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in New Jersey within 5 days of the due date. New Jersey landlords are required to give tenants a rent payment grace period of 5 days.
New Jersey law does not require the landlord to give a tenant prior notice or more time to pay a past due balance before beginning eviction proceedings.
If rent is due on March 1st, it will be considered late starting on March 6th, unless the lease specifically states there is a grace period.
History of Delinquent Rent
However, if a landlord accepts late rent from a tenant that habitually fails to pay rent on time, the landlord must first serve the tenant a 30 days’ notice to quit. This notice gives the tenant a chance to pay the balance due or move out.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
End of Lease or No Lease
In New Jersey, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant a proper 30-day notice to move out.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In New Jersey, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under New Jersey landlord-tenant law.
To do so, the landlord must first serve the tenant a 30 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.
Examples of lease violations include:
- Causing minor property damage
- Allowing unauthorized occupants or pets to reside in the rental unit
- Failing to maintain the premises in a clean and sanitary manner
- Interfering with the peace and enjoyment of others
- Refusing to accept reasonable lease changes for a new lease term
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Activity
In New Jersey, a landlord can evict a tenant for committing illegal activity on the premises. To do so, the landlord must first serve the tenant a 3 days’ notice to vacate. The tenant does not have a chance to correct the violation and must move out within the 3-day period.
In New Jersey, illegal activity includes:
- Causing substantial destruction or damage to the premises
- Manufacturing, possessing or distributing a controlled substance
- Threatening to assault the landlord or any other persons
- Possessing or illegally using a firearm or other deadly weapon
- Engaging in prostitution or human trafficking on the premises
- Committing theft on the premises
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in New Jersey
In New Jersey, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant damages sustained, plus injunctive and other remedies that will be determined by the court.
“Self-Help” Evictions
A landlord is not allowed to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about health or safety issues to the landlord or any authority tasked to enforce the law
- Filing a complaint to a government authority
- Joining a tenant’s union or organization
In New Jersey. all evictions follow the same process:
- Landlord serves tenant written notice of violations
- Landlord files complaint with court for unresolved violations
- Court holds a hearing and issues a judgment
- Warrant for removal is issued
- Possession of property is returned to the landlord
Step 1: Landlord Serves Notice To Tenant
New Jersey landlords and tenants may deliver an eviction notice using any of these methods:
- Hand delivery to the other party
- Hand delivery to a person over age 14 on the property 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.
Many local jurisdictions in New Jersey, such as Jersey City, either have implemented or are implementing programs which give a tenant a right to legal counsel in eviction situations. A landlord may have to provide notice of a tenant’s right to counsel when executing a new lease, demanding rent, or filing an eviction. Check local laws carefully.
No Notice
In New Jersey, if a tenant is late on paying rent (full or partial) and the balance due is not paid within the legal 5 day grace period, the law does not require landlords to serve a prior notice or give tenants more time to pay a past due rent balance.
Landlords can go directly to the courthouse, after the grace period expires, and begin eviction proceedings immediately.
30-Day Notice To Quit
If the landlord has accepted late rent in the past from a tenant that habitually fails to pay rent on time, the landlord must serve the tenant a 30-Day Notice To Quit. This eviction notice gives the tenant 30 days to pay the balance due or move out.
30-Day Notice To Vacate
For a tenant with no lease or a month-to-month lease in New Jersey, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Year-to-Year | 90 Days |
30-Day Notice To Comply or Vacate
In New Jersey, if a tenant violates the terms of their lease or legal responsibilities, the landlord can serve them a 30-Day Notice To Comply or Vacate. This eviction notice gives the tenant 30 days to fix the issue or move out.
3-Day Notice To Vacate
In New Jersey, if a tenant commits an illegal activity on the premises, the landlord can serve them a 3-Day Notice To Vacate. This eviction notice gives the tenant 3 days, to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, New Jersey landlords must file a complaint in a special civil part of the Superior Court. The summons and complaint may be served on the tenant by a Special Civil Part Officer prior to the hearing through one of the following methods:
- Giving a copy to the tenant in person
- Leaving a copy with someone residing with the tenant who is over the age of 14
- Posting a copy at the rental unit
- Mailing a copy via regular AND certified mail (only if all other service methods fail)
A landlord will file suit within a few days to a few weeks, depending on the service method.
Step 3: Court Holds Hearing and Issues Judgment
The eviction hearing will be held 10-30 days after the date the summons is issued by the court.
If the tenant fails to appear for the hearing, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant will have to move out. If the landlord fails to appear, the case will be dismissed.
For nonpayment of rent, tenants can pay the full amount of rent owed within 3 days of the date the judgment is issued in favor of the landlord in order to avoid eviction.
Even if the judicial officer rules in the landlord’s favor, as long as tenants pay all past-due rent in full, landlords are required to accept the payment and stop the eviction process.
If the judge rules in favor of the landlord, either through a default judgment or at an eviction hearing, a warrant for removal will be issued and the eviction process will continue.
The eviction hearing must be held at least 10 days, but no more than 30 days, after the date the summons was issued by the court.
Step 4: Warrant for Removal Is Issued
The warrant for removal is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before Special Civil Part Officers return to the property to forcibly remove the tenant. The landlord must obtain a judgement for possession from the court before an officer can evict a tenant.
If the court has ruled in the landlord’s favor, the landlord will ask the court to issue a warrant for removal. The warrant will be issued 3 days after the ruling in favor of the landlord.
A warrant for removal will be issued within 3 days.
Step 5: Possession of Property is Returned
In New Jersey, evictions may be scheduled as soon as 3 days after the warrant for removal is issued.
However, tenants can request an order for “orderly removal,” which would automatically give the tenant 7 days to move out if granted by the judicial officer, or they may request a “hardship to stay” for up to 6 months. The tenant may only apply if all late payments are made to the landlord.
The tenant has 3 days to move out of the rental unit once the warrant for removal has been issued. If the court grants a stay of execution or an “orderly removal,” this will add more time to the process.
New Jersey Eviction Process Timeline
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 New Jersey Eviction Process
New Jersey Eviction 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+ |
Sources
- 1 NJ Rev Stat §2A:18-61.2 (2020)
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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.
- 2 NJ Rev Stat §2A:18-61.1 (2020)
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j. The person, after written notice to cease, has habitually and without legal justification failed to pay rent which is due and owing.
- 3 Ivy Hill Park, Section III, Inc. v. Abutidze, 371 N.J. Super. 103, 115 (App. Div. 2004)
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…the very term “habitual” requires that there be more than one late payment after the notice and that a single late payment following notice will not support eviction…we hold that landlords must give clear notice and continue to give such notice to their tenants after a Notice to Cease is served. Such notice should state that the Notice to Cease remains applicable and continual habitual late payment of rent may lead to eviction…
- 4 NJ Rev Stat §2A:18-61.2 (2020)
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3. b. For an action alleging continued violation of rules and regulations under subsection d. of section 2, or substantial breach of covenant under subsection e. of section 2, or habitual failure to pay rent, one month’s notice prior to the institution of the action for possession…
- 5 NJ Rev Stat §2A:42-6.1 (2020)
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1. 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. No delinquency or other late charge shall be made which includes the grace period of five business days.
- 6 NJ Rev Stat §2A:18-56 (2020)
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a. …a tenancy at will or from year to year, has been terminated by the giving of 3 months’ notice to quit…or b. …a tenancy from month to month, has been terminated by the giving of 1 months’ notice to quit…or c. …for a term other than at will, from year to year, or from month to month, has been terminated by…one term’s notice to quit…
- 7 Brunswick Street Assoc. v. Gerard, 357 N.J. Super. 598, 816 A.2d 213 (N.J. Super. 2002)
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…to provide a reasonable period for the tenant to cure the breach of this lease…
- 8 NJ Rev Stat §2A:18-61.2 (2020)
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3. a. For an action alleging disorderly conduct under subsection b. of section 2, or injury to the premises under subsection c. of section 2, or any grounds under subsection m., n., o., p., q., or r. of section 2, three days’ notice prior to the institution of the action for possession…
- 9 NJ Rev Stat §2A:18-61.1 (2020)
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2.g.(1) seeks to permanently board up or demolish the premises…for substantial violations affecting the health and safety of tenants… (2) seeks to comply with local or State housing inspectors who have cited him for substantial violations… (3) seeks to correct an illegal occupancy…or (4) is a governmental agency which seeks to permanently retire the premises…pursuant to a redevelopment or land clearance plan…
- 10 NJ Rev Stat §2A:18-61.2 (2020)
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3.d. For an action alleging permanent retirement under subsection h. of section 2, 18 months’ notice prior to the institution of the action and, provided that, where there is a lease in effect, no action may be instituted until the lease expires…
- 11 NJ Rev Stat §2A:18-61.2 (2020)
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3.c. For an action alleging any grounds under subsection g. of section 2, three months’ notice prior to the institution of the action…
- 12 NJ Rev Stat §2A:18-61.2 (2020)
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3.e. For an action alleging refusal of acceptance of reasonable lease changes under subsection i. of section 2, one month’s notice prior to institution of action…
- 13 NJ Rev Stat §2A:18-61.2 (2020)
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3.f. For an action alleging any grounds under subsection l. of section 2, two months’ notice prior to the institution of the action and, provided that where there is a written lease in effect no action shall be instituted until the lease expires…
- 14 NJ Rev Stat §2A:18-61.2 (2020)
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3.g. For an action alleging any grounds under subsection k. of section 2, three years’ notice prior to the institution of action, and provided that where there is a written lease in effect, no action shall be instituted until the lease expires…
- 15 NJ Rev Stat §2A:18-61.1 (2020)
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m. The landlord or owner conditioned the tenancy upon and in consideration for the tenant’s employment by
the landlord or owner as superintendent, janitor or in some other capacity and such employment is being
terminated. - 16 NJ Rev Stat §2A:18-61.1 (2020)
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f. The person has failed pay rent after a valid notice to quit and notice of increase of said rent, provided the
increase in rent is not unconscionable and complies with any an all other laws or municipal ordinances
governing rent increases. - 17 NJ Rev Stat §2A:18-61.1 (2020)
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2. n. …the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia…No action for removal may be brought…more than two years after the date of the adjudication or conviction or more than two years after the person’s release from incarceration whichever is the later.
- 18 NJ Rev Stat §2A:18-61.1 (2020)
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2. o. …assault, or terroristic threats against the landlord, a member of the landlord’s family or an employee of the landlord…No action for removal may be brought pursuant to this subsection more than two years after the adjudication or conviction or more than two years after the person’s release from incarceration whichever is the later.
- 19 NJ Rev Stat §2A:18-61.1 (2020)
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2. q. …theft of property from the landlord, the leased premises or other tenants residing in the same building or complex…
- 20 NJ Rev Stat §2A:18-61.1 (2020)
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2. r. …committed a violation of the human trafficking provisions set forth in section 1 of P.L.2005, c.77 (C.2C:13-8) within or upon the leased premises or the building or complex of buildings and land appurtenant thereto, or the mobile home park, in which those premises are located…No action for removal may be brought pursuant to this subsection more than two years after the alleged violation has terminated…
- 21 NJ Rev Stat §46:8-8 (2020)
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If the lessee of any dwelling house or other premises situate in this state shall use the same for purposes of prostitution or assignation, the lease or agreement for letting the same shall thereupon become immediately void, and the landlord may enter thereon, and shall have the same remedies to recover possession as are given by law when a tenant holds over after the expiration of his lease.
- 22 NJ Court Rule 6:2-3 (2020)
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(a) Personal service of process within this State may be made by Special Civil Part Officers and such other persons authorized by law to serve such process as the Assignment Judge designates.
- 23 NJ Rev Stat § 2A:42-10.10 (2021)
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A landlord shall be subject to a civil action by the tenant for damages and other appropriate relief, including injunctive and other equitable remedies, as may be determined by a court of competent jurisdiction in every case in which the landlord has violated the provisions of this section.
- 24 NJ Rev Stat § 2A:42-10.10 (2021)
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No landlord of premises or units to which this act is applicable shall serve a notice to quit upon any tenant or institute any action against a tenant to recover possession of premises, whether by summary dispossess proceedings, civil action for the possession of land, or otherwise:
a. As a reprisal for the tenant’s efforts to secure or enforce any rights under the lease or contract, or under the laws of the State of New Jersey or its governmental subdivisions, or of the United States; or
b. As a reprisal for the tenant’s good faith complaint to a governmental authority of the landlord’s alleged violation of any health or safety law, regulation, code or ordinance, or State law or regulation which has as its objective the regulation of premises used for dwelling purposes; or
c. As a reprisal for the tenant’s being an organizer of, a member of, or involved in any activities of, any lawful organization; or
d. On account of the tenant’s failure or refusal to comply with the terms of the tenancy as altered by the landlord, if the landlord shall have altered substantially the terms of the tenancy as a reprisal for any actions of the tenant set forth in subsection a, b, and c of section 1 of this act. Substantial alteration shall include the refusal to renew a lease or to continue a tenancy of the tenant without cause.
- 25 NJ Court Rule 4:4-4 (2020)
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(a)(1)…by delivering a copy of the summons and complaint to the individual personally, or by leaving a copy thereof at the individual’s dwelling place or usual place of abode with a competent member of the household of the age of 14 or over then residing therein…
- 26 NJ Court Rule 6:2-3 (2020)
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…by affixing a copy…on the door of the unit occupied by the defendant or, if that is not possible, on another conspicuous part of the subject premises. When the plaintiff-landlord has reason to believe that service may not be made at the subject premises, the landlord shall also request service at an address, by certified and regular mail…where the landlord believes that service will be effectuated…
- 27 NJ Court Rule 6:2-1 (2020)
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…shall require the defendant to appear and state a defense at a certain time and place…not less than 10 days in summary dispossess actions…nor more than 30 days from the date of service of the summons, and shall notify the defendant that upon failure to do so, judgment by default may be rendered for the relief demanded in the complaint.
- 28 NJ Rev Stat §2A:42-10.1 (2020)
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…if it shall appear that by the issuance of the warrant or writ the tenant will suffer hardship…the judge may stay the issuance of the warrant…but in no case shall such judge stay the issuance of any such warrant or writ for possession for a longer period than 6 months after the date of entry of the judgment of possession…
- 29 N.J. Stat. § 2A:18-61.2
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Source Link
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.
- 30 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. - 31 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.
- 32 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 - 33 Jersey City, N.J. Ord. 23-047 at 28-12(B)(2)
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Beginning July 1, 2025, or upon earlier adoption of the City-approved notice in accordance with 218- 12(B)(1), Owners or their agents shall provide the City’s approved written notice of tenants’ rights and resources. The Owner or its agent must provide such notice to tenants at each of the following times:
a. at the time of executing a lease;
b. at any time the owner or operator makes any rent demand; and
c. at the time of service of any notice of ejectment or notice of eviction.
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