Timeline. Evicting a tenant in New Jersey can take around 3 weeks to 4 months, depending on the reason for the eviction. Evictions due to condominium conversions and sale/personal use of the rental unit may take 18 months to 3 years or more (read more).
Below are the individual steps of the eviction process in New Jersey.
Step 1: Notice is Posted
Landlords in New Jersey can begin the eviction process for several reasons, including:
- Nonpayment of Rent – Landlords may not be required to provide tenants with written notice, depending on how often they have failed to pay rent.
- Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord must first give tenants a Notice to Cease before they can be given a Notice to Quit.
- No Lease / End of Lease Term (Tenant at Will) – This reason for eviction is only valid under New Jersey law if the landlord occupies the rental property AND the rental property has no more than three rental units.
- Disorderly Conduct – If the tenant prevents other tenants/residents in the neighborhood from peacefully enjoying their residences, the tenant may be evicted.
- Negligence/Property Damage – If the tenant is negligent or causes property damage to the rental unit, they must receive written notice prior to being evicted.
- Housing Violations – If the rental unit fails to meet health/safety codes, landlords must give tenants notice prior to evicting them.
- Discontinuance of Use – If the rental property will no longer be used as a rental property, tenants must receive written notice prior to being evicted.
- Failure to Accept Lease Changes – If the tenant refuses to accept “reasonable” changes to the lease, they can be evicted after proper written notice.
- Condominium Conversion – If the rental unit is going to be converted to condos/another type of cooperative ownership, tenants must receive written notice prior to eviction.
- Personal Use/Sale – If the owner wants to live in the rental property themselves or sell it to someone who intends to live in it, tenants must receive notice prior to being evicted.
- Termination of Employment – If rental housing was included as part of the tenant’s employment, and that employment is terminated, tenants must receive written notice prior to eviction.
- Illegal Activity – If a tenant is engaged in illegal activity, they must receive prior notice before the landlord can evict them.
- Retaliatory Evictions. It is illegal for a landlord to evict a tenant for complaining to the landlord or to the appropriate local or government agency regarding the property. It is also illegal for a landlord to evict a tenant for joining, supporting, or organizing a tenant organization or union.
- Evicting a Squatter. If the individual occupying the property did not have the permission of the landlord when initially moving in, does not have a lease (or verbal agreement) and has no history of paying rent, then a landlord/tenant relationship may not be established and landlords would file a Writ of Possession action (read more).
Each possible ground for eviction has its own rules for how the process starts.
Eviction Process for Nonpayment of Rent
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to New Jersey law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the lease/rental agreement.
Senior citizens, however, must be given a 5-day grace period to pay rent after it’s due before a landlord can proceed with the eviction process.
Rent Increases. Nonpayment of rent also includes rent increases in which the tenant has received a notice of the increase, the rent increase was for a reasonable amount, and the tenant refuses to pay the higher amount.
Landlords are not required to give tenants written notice before moving forward with an eviction action for nonpayment of rent, unless tenants have a history of failing to pay rent on time. Then landlords must give them 30 days’ notice prior to filing an eviction action with the court.
Eviction Process for Violation of Lease Terms / Rental Agreement
A tenant can be evicted in New Jersey if they do not uphold their responsibilities under the terms of a written lease/rental agreement.
Before New Jersey landlords can give tenants a Notice to Quit, they must first give them a Notice to Cease, telling the tenant to correct the violation/stop the behavior.
If the tenant doesn’t comply with the Notice to Cease, landlords must provide tenants with a 30-Day Notice to Quit, giving the tenant 30 days to move out in order to avoid eviction.
Typical lease violations under this category could include things like having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
Note that illegal activity is not included in this category.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for No Lease / End of Lease
In the state of New Jersey, landlords may only evict tenants for “holding over,” or staying in the rental unit after the rental term has expired, if the landlord not only owns, but also occupies, the rental premises, AND there are no more than three rental units on the premises.
“Holding over” includes tenants without a written lease and week-to-week and month-to-month tenants.
The amount of time required in the notice depends on the type of tenancy.
- Week-to-week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit.
- Month-to-month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.
- Year-to-year – If the tenancy is from year to year, landlords must provide tenants with a 90-Day Notice to Quit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Disorderly Conduct
A tenant can be evicted in New Jersey for being “disorderly” to the point that other tenants’ peaceable enjoyment of the rental property is ruined. This can even extend to peaceable enjoyment of anyone else living in the neighborhood, even if they don’t live on the rental property.
Tenants must first be given a written Notice to Cease, warning them to stop the behavior, before the landlord can give them a Notice to Quit.
If the tenant continues to be “disorderly” after receiving the Notice to Cease, the landlord must provide the tenant with a 3-Day Notice to Quit, giving the tenant 3 days to move out of the rental unit in order to avoid eviction.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Negligence / Property Damage
A tenant can be evicted in New Jersey if they are grossly negligent or willfully cause property damage to the rental unit.
Landlords are required to provide tenants in these instances with a 3-Day Notice to Quit, giving the tenant 3 days to move out of the rental unit.
If the tenant remains on the property after the notice period expires, the landlord may move forward with the eviction process.
Eviction Process for Housing Violations
When landlords have been cited by government officials for having a rental property that violates health/safety codes or can’t pass a required health/safety inspection, they have the following options :
- Landlords can board up/demolish the rental property if complying with the health/safety codes is too expensive.
- They can remove tenants in order to do the repair work necessary to bring the rental property up to health/safety code requirements or to correct a zoning violation.
- Or, if it’s a government-owned property, it can be demolished as part of a blighted area redevelopment plan.
In all three instances, landlords are required to provide tenants with 3 months’ notice prior to beginning the eviction process.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Discontinuance of Use of Rental Property
If a landlord no longer wishes to rent out the rental unit, and is going to permanently remove it from the rental market, they must give tenants 18 months’ notice prior to beginning the eviction process.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Failure to Accept Lease Changes
A tenant can be evicted in New Jersey if they refuse to accept reasonable lease changes for a new lease term.
In these instances, landlords are required to provide tenants with 1 month’s notice prior to beginning an eviction action.
If the tenant remains on the property after the notice period expires, the landlord may continue with the eviction process.
Eviction Process for Condominium Conversion
A tenant can be evicted in New Jersey if the owner wishes to convert the rental property into condominiums or some other form of cooperative ownership.
In these instances, landlords are required to provide their tenants with 3 years’ notice prior to beginning the eviction process.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Personal Use or Sale of Rental Property
If landlords want to sell the rental property to a buyer who intends to live on the property, or if the current owner wants to live in the rental property instead of renting it, they must give tenants 2 months’ prior written notice.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Termination of Employment
For tenants who received a rental unit as part of their employment, but their employment is now terminated, the landlord must provide them with 3 days’ notice prior to beginning the eviction process.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Illegal Activity
Tenants who are involved in illegal activity must be given 3 days’ notice before the landlord can proceed with an eviction action.
In New Jersey, illegal activity includes :
- Use/possession/manufacture/distribution/dispensing of a controlled dangerous substance or “analog”
- Use/possession/manufacture/distribution/dispensing of drug paraphernalia
- Assault or “terroristic” threats against the landlord/landlord’s family/agents
- Theft from landlord/tenants/rental property
- Human trafficking on the rental premises
- Prostitution on the rental premises
Note that tenants involved in prostitution on the rental premises may have different notice requirements than for other types of illegal activity.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Step 2: Complaint is Filed and Served
As the next step in the eviction process, New Jersey landlords must file a complaint in the appropriate court. In the state of New Jersey, this costs $50 in filing fees.
The summons and complaint may be served on the tenant by a Special Civil Part Officer or any other court-appointed process server 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 few days to a few weeks, depending on the service method.
Step 3: Court Hearing and 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.
Nonpayment of Rent. Tenants can pay the full amount of rent owed within 3 business 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.
10-30 days. 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.
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 business days after the ruling in favor of the landlord.
3 business days after the ruling in favor of the landlord is issued.
Step 5: Possession of Property is Returned
In New Jersey, evictions may be scheduled as soon as 3 business 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 be given a stay of execution for up to 6 months , if moving out sooner would create a hardship.
~3 days. The tenant has 3 business 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
Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in New Jersey. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.
- Initial Notice Period – between 3 days and 3 years, depending on the notice type and reason for eviction.
- Issuance/Service of Summons and Complaint – a few days to a few weeks, depending on the service method.
- Court Hearing and Ruling on the Eviction – 10-30 days after the date the summons is issued by the court.
- Issuance of Warrant for Removal – 3 business days after the ruling is issued in favor of the landlord.
- Return of Possession – 3 business days after the warrant is issued; longer if an order for “orderly removal” or a stay is granted.
Flowchart of New Jersey Eviction Process
For additional questions about the eviction process in New Jersey, please refer to the official legislation, New Jersey Revised Statutes §46:8-8, §§2A:18-56 to 2A:18-61.2, and §§2A:42-6.1 to 2A:42-10.1, for more information.
