A New Jersey eviction notice form for habitual nonpayment of rent is a written document that states a tenant has 30 days to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in New Jersey.
Types of New Jersey Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate.
| Grounds | Time | Curable? |
|---|---|---|
| Unpaid Rent | 30-Day | No |
| Lease Violation | 30-Day | Yes |
| Lease Termination | 7/30/90-Day | No |
| Disorderly Conduct | 3-Day | No |
| Negligence/Property Damage | 3-Day | No |
| Housing Violations | 3-Months | No |
| Discontinuance of Use of Rental Property | 18-Months | No |
| Failure to Accept Changes | 1-Month | No |
| Condominium Conversion | 3-Years | No |
| Personal Use/Sale of Rental Property | 2-Months | No |
| Termination of Employment | 3-Day | No |
| Illegal Activity | 3-Day | No |
30-Day Notice to Quit (Habitual 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 or rental agreement.
New Jersey 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.
However, tenants must be given a 5-day grace period (not including weekends or holidays) to pay rent 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.
The Eviction Notice for Habitual Nonpayment of Rent should include the reason for the eviction.
Get the downloadable 30-Day Eviction Notice for Habitual Nonpayment of Rent form template below (.pdf direct link).
30-Day Notice to Cure or Vacate (Non-Compliance)
A tenant can be evicted in New Jersey if they do not uphold their responsibilities under the terms of a written lease or 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 and 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 of the rental unit to avoid eviction.
Typical lease violations could include things like minor damage to the rental property, 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.
The notice should include the reason for the eviction.
Get the downloadable 30-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
7/30/90-Day Lease Termination Notice (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.
The notice should include the reason for the eviction.
Get the downloadable 7/30/90-Day Lease Termination Notice form template below (.pdf direct link).
3-Day Notice to Quit (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.
The notice should include reason for the eviction.
Get the downloadable 3-Day Eviction Notice for Disorderly Conduct form template below (.pdf direct link).
3-Day Notice to Quit (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.
The notice should include the reason for the eviction.
Get the downloadable 3-Day Eviction Notice for Negligence/Property Damage form template below (.pdf direct link).
3-Month Notice to Quit (Housing Violations)
When landlords have been cited by government officials for having a rental property that violates health and safety codes or can’t pass a required health/safety inspection, they have the following options:
- Landlords can board up or demolish the rental property if complying with the health and 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 and 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.
The notice should include the reason for the eviction.
Get the downloadable 3-Month Eviction Notice for Housing Violations form template below (.pdf direct link).
18-Month Notice to Quit (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.
The notice should include the reason for the eviction.
Get the downloadable 18-Month Eviction Notice for Discontinuance of Use of Rental Property form template below (.pdf direct link).
1-Month Notice to Quit (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.
The notice should include the reason for the eviction.
Get the downloadable 1-Month Eviction Notice for Failure to Accept Lease Changes form template below (.pdf direct link).
3-Year Notice to Quit (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.
The eviction notice should include the reason for the eviction.
Get the downloadable 3-Year Eviction Notice for Condominium Conversion form template below (.pdf direct link).
2-Month Notice to Quit (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.
The notice should include the reason for the eviction.
Get the downloadable 2-Month Eviction Notice for Personal Use/Sale of Rental Property form template below (.pdf direct link).
3-Day Notice to Quit (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.
The eviction notice should include the reason for the eviction.
Get the downloadable 3-Day Eviction Notice for Termination of Employment form template below (.pdf direct link).
3-Day Notice to Quit (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, or dispensing of a controlled dangerous substance;
- Use, possession, manufacture, distribution, or dispensing of drug paraphernalia;
- Assault or “terroristic” threats against the landlord, the landlord’s family or agents;
- Theft from landlord, tenants or rental property;
- Human trafficking on the rental premises; and
- 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.
The notice should include the reason for the eviction.
Get the downloadable 3-Day Eviction Notice for Illegal Activity form template below (.pdf direct link).
What to Include in New Jersey Eviction Notices
All New Jersey eviction notices must include a detailed reason for the eviction. In addition, it’s a good idea to include the following:
- The date the tenancy will terminate; and
- The tenant’s name and contact information.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
Delivering Eviction Notices in New Jersey
In the state of New Jersey, landlords can deliver an eviction notice by one of the following methods:
- Giving it to the tenant in person;
- Leaving a copy of the notice with a family member over the age of 14;
- Mailing the notice via certified mail; or
- Mailing the notice via regular mail (only if the certified mail is not claimed/signed for).
Note that using certified mail is only one option under New Jersey law.
Eviction Process in New Jersey
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If the tenant does not vacate when required to do so, a complaint is filed by the landlord with the county court.
- A hearing is held and judgement is issued.
- If the eviction is granted, a warrant for removal is posted is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in New Jersey, click here.
Sources
- 1 NJ Rev Stat §2A:18-61.2 (2020)
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3. b. For an action alleging continued violation of rules and regulations under subsection d. of section 2, or substantial breach of covenant under subsection e. of section 2, or habitual failure to pay rent, one month’s notice prior to the institution of the action for possession…
- 2 NJ Rev Stat §2A:18-61.2 (2020)
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3. b. For an action alleging continued violation of rules and regulations under subsection d. of section 2, or substantial breach of covenant under subsection e. of section 2, or habitual failure to pay rent, one month’s notice prior to the institution of the action for possession…
- 3 NJ Rev Stat §2A:42-6.1 (2020)
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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. No delinquency or other late charge shall be made which includes the grace period of five business days.
- 4 NJ Rev Stat §2A:18-61.2 (2020)
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3. 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.
- 5 NJ Rev Stat §2A:18-56 (2020)
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a. …a tenancy at will or from year to year, has been terminated by the giving of 3 months’ notice to quit…or b. …a tenancy from month to month, has been terminated by the giving of 1 months’ notice to quit…or c. …for a term other than at will, from year to year, or from month to month, has been terminated by…one term’s notice to quit…
- 6 NJ Rev Stat §2A:18-61.2 (2020)
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3. a. For an action alleging disorderly conduct under subsection b. of section 2, or injury to the premises under subsection c. of section 2, or any grounds under subsection m., n., o., p., q., or r. of section 2, three days’ notice prior to the institution of the action for possession…
- 7 NJ Rev Stat §2A:18-61.1 (2020)
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2.g.(1) seeks to permanently board up or demolish the premises…for substantial violations affecting the health and safety of tenants… (2) seeks to comply with local or State housing inspectors who have cited him for substantial violations… (3) seeks to correct an illegal occupancy…or (4) is a governmental agency which seeks to permanently retire the premises…pursuant to a redevelopment or land clearance plan…
- 8 NJ Rev Stat §2A:18-61.2 (2020)
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3.c. For an action alleging any grounds under subsection g. of section 2, three months’ notice prior to the institution of the action…
- 9 NJ Rev Stat §2A:18-61.2 (2020)
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3.d. For an action alleging permanent retirement under subsection h. of section 2, 18 months’ notice prior to the institution of the action and, provided that, where there is a lease in effect, no action may be instituted until the lease expires…
- 10 NJ Rev Stat §2A:18-61.2 (2020)
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3.e.For an action alleging refusal of acceptance of reasonable lease changes under subsection i. of section 2, one month’s notice prior to institution of action…
- 11 NJ Rev Stat §2A:18-61.2 (2020)
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3.g. For an action alleging any grounds under subsection k. of section 2, three years’ notice prior to the institution of action, and provided that where there is a written lease in effect, no action shall be instituted until the lease expires…
- 12 NJ Rev Stat §2A:18-61.2 (2020)
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3.f. For an action alleging any grounds under subsection l. of section 2, two months’ notice prior to the institution of the action and, provided that where there is a written lease in effect no action shall be instituted until the lease expires…
- 13 NJ Rev Stat §2A:18-61.1 (2020)
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2.n. …the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia…No action for removal may be brought…more than two years after the date of the adjudication or conviction or more than two years after the person’s release from incarceration whichever is the later.
- 14 NJ Rev Stat §2A:18-61.1 (2020)
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2.o. …assault, or terroristic threats against the landlord, a member of the landlord’s family or an employee of the landlord…No action for removal may be brought pursuant to this subsection more than two years after the adjudication or conviction or more than two years after the person’s release from incarceration whichever is the later.
- 15 NJ Rev Stat §2A:18-61.1 (2020)
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2.q. …theft of property from the landlord, the leased premises or other tenants residing in the same building or complex…
- 16 NJ Rev Stat §2A:18-61.1 (2020)
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2.r. …committed a violation of the human trafficking provisions set forth in section 1 of P.L.2005, c.77 (C.2C:13-8) within or upon the leased premises or the building or complex of buildings and land appurtenant thereto, or the mobile home park, in which those premises are located…No action for removal may be brought pursuant to this subsection more than two years after the alleged violation has terminated…
- 17 NJ Rev Stat §46:8-8 (2020)
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If the lessee of any dwelling house or other premises situate in this state shall use the same for purposes of prostitution or assignation, the lease or agreement for letting the same shall thereupon become immediately void, and the landlord may enter thereon, and shall have the same remedies to recover possession as are given by law when a tenant holds over after the expiration of his lease.
