New Jersey Eviction Process

New Jersey Eviction Process

Last Updated: March 18, 2024 by Phil Ahn

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.

example

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

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Eviction notice posted on iPropertyManagement.com

In New Jersey. all evictions follow the same process:

  1. Landlord serves tenant written notice of violations
  2. Landlord files complaint with court for unresolved violations
  3. Court holds a hearing and issues a judgment
  4. Warrant for removal is issued
  5. 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:

  1. Hand delivery to the other party
  2. Hand delivery to a person over age 14 on the property who can accept the notice on behalf of the other party
  3. All cases EXCEPT holding over at lease expiration: Delivery by certified mail, and by regular mail if the first mailing goes unclaimed
  4. 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.

tip

Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.

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.

Eviction Complaint Filed on iPropertyManagement.com

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:

  1. Giving a copy to the tenant in person
  2. Leaving a copy with someone residing with the tenant who is over the age of 14
  3. Posting a copy at the rental unit
  4. Mailing a copy via regular AND certified mail (only if all other service methods fail)
note

A landlord will file suit within a few days to a few weeks, depending on the service method.

Eviction Court Hearing on iPropertyManagement.com

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.

note

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.

Eviction Warrant for Removal on iPropertyManagement.com

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.

note

A warrant for removal will be issued within 3 days.

Eviction property possession returned on iPropertyManagement.com

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.

note

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 Process Flowchart on iPropertyManagement.com

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+

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