A New Jersey 90 Day Notice To Vacate is a letter which complies with state legal requirements to terminate a year-to-year lease or a tenancy at will. The non-terminating party must receive notice at least ninety (90) calendar days before the date of termination.
When To Use a New Jersey 90 Day Notice To Vacate
A New Jersey 90 Day Notice To Vacate terminates a tenancy at will or a year-to-year lease agreement. Either the landlord or the tenant may deliver this notice at their discretion.
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 90 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
- 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 90 Day Notice To Vacate
New Jersey landlords and tenants may deliver a Notice To Vacate 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
Mailed notice extends the notice period by five (5) calendar days, to account for variable delivery times.
Sources
- 1 NJ Rev Stat § 2A:18-56
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The tenancy, if a tenancy at will or from year to year, has been terminated by the giving of 3 months’ notice to quit, which notice shall be deemed to be sufficient.
Source Link - 2 N.J. Stat. § 2A:18-61.2
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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. 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.
- 3 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.
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