A New Jersey 3 Day Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for illegal activity on the property, such as assaulting someone on the premises. The tenant is not given an opportunity to take corrective action, and must move out within three (3) judicial days (i.e., not counting weekends or legal holidays) of receiving notice.
When To Use a New Jersey 3 Day Notice To Vacate
A New Jersey 3 Day Notice To Vacate begins the eviction process for the following tenant violations:
Causing substantial property damage
Illegal possession or use of a firearm
Possession or distribution of controlled substances
Involvement in human trafficking or promotion of prostitution
Threatened or committed assault on the premises
Some types of New Jersey lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a New Jersey 3 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
Use the full name of the receiving party, and address of record, if known
Specify the termination date of the lease or tenancy
Specify the basis for terminating the tenancy
Fill in the full address of the rental premises
Provide updated/current address and phone number information
Print name and sign the notice
Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a New Jersey 3 Day Notice To Vacate
New Jersey landlords may deliver a Notice To Vacate using any of these methods:
Hand delivery to the other party
Hand delivery to a tenant family member over age 14 on the property, who can accept the notice on behalf of the other party
Delivery by certified mail, AND, if unclaimed, also by regular mail
Mailed notice adds five (5) calendar days to a notice period, to account for variable delivery times.
In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.
The person has continued to be, after written notice to cease, so disorderly as to destroy the peace and quiet of the occupants or other tenants living in said house or neighborhood.
c. The person has willfully or by reason of gross negligence caused or allowed destruction, damage or injury to the premises.
d. The person has continued, after written notice to cease, to substantially violate or breach any of the landlord’s rules and regulations governing said premises, provided such rules and regulations are reasonable and have been accepted in writing by the tenant or made a part of the lease at the beginning of the lease term.
e. (1) The person has continued, after written notice to cease, to substantially violate or breach any of the covenants or agreements contained in the lease for the premises where a right of reentry is reserved to the landlord in the lease for a violation of such covenant or agreement, provided that such covenant or agreement is reasonable and was contained in the lease at the beginning of the lease term.
The notice in each of the foregoing instances 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.
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.