New Jersey 30 Day Notice to Pay or Quit

A New Jersey 30 Day Notice To Quit is a letter which complies with state legal requirements to begin eviction against tenants who have consistently failed to pay rent within the statutory five (5) business day grace period. The tenant must pay the balance due or move out within thirty (30) calendar days of receiving notice.

When To Use a New Jersey 30 Day Notice To Quit

A New Jersey 30 Day Notice To Quit begins the eviction process when the tenant is consistently late paying any portion of the rent within the state’s five (5) business day grace period after rent is normally due.

note

By default, a landlord does not need to deliver a Notice To Quit before beginning eviction for nonpayment of rent. The 30 Day Notice To Quit is necessary only when the landlord has accepted late rent payments from the tenant in the past.

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 30 Day Notice To Quit

To help ensure the legal compliance of a Notice To Quit:

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, and the payment necessary to avoid termination
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 30 Day Notice To Quit

New Jersey landlords may deliver a 30 Day Notice To Quit using any of these methods:

Hand delivery to the tenant
Hand delivery to a person over age 14 on the property who can accept the notice on behalf of the tenant
Delivery by certified mail, and by regular mail if the first mailing goes unclaimed

Mailed notice extends the notice period by five (5) calendar days, to account for variable delivery times.

note

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.

Sources

1 NJ Rev Stat § 2A:18-61.2: Habitual failure to pay rent, one month’s notice prior to the institution of the action for possession.
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2 NJ Rev Stat § 2A:42-6.1: 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.
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3 N.J. Stat. § 2A:18-61.2: 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.

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4 N.J. Ct. R. 1:3-3: 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.
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