A New Jersey eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. New Jersey landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of New Jersey Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 30 Day Notice To Quit | Unpaid Rent | Yes |
| 30 Day Notice To Comply or Vacate | Lease Violation | Yes |
| 3 Day Notice To Vacate | Illegal Activity | No |
| 30 Day Notice To Vacate | No Lease | No |
New Jersey 30 Day Notice To Quit
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A New Jersey 30 Day Notice To Quit evicts a tenant for nonpayment of rent. A landlord may file this notice five (5) business days after a late rent payment, due to the grace period specified in state law. The tenant must pay the balance due or move out within thirty (30) calendar days.
New Jersey landlords are not legally required to serve a notice for nonpayment of rent before proceeding with an eviction, unless the landlord has accepted late rent in the past from tenants that consistently fail to pay rent on time.
New Jersey 30 Day Notice To Comply or Vacate
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A New Jersey 30 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
Upon receiving notice, tenants must take appropriate corrective action or else move out within thirty (30) calendar days.
New Jersey 3 Day Notice To Vacate
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A New Jersey 3 Day Notice To Vacate evicts a tenant for an “incurable” lease violation, i.e., one which the tenant is not allowed to restore through corrective action. For example, a notice to quit for illegal activity is never curable, since illegal actions are against the community and can’t be restored through compensation to the landlord. The tenant must move out within three (3) judicial days of receiving notice (i.e., not counting weekends and legal holidays).
New Jersey 30 Day Notice To Vacate
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A New Jersey 30 Day Notice To Vacate terminates a month-to-month lease or expired lease, as well as a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
How To Write an Eviction Notice in New Jersey
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note 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 Calculate Expiration Date in New Jersey
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
New Jersey counts a notice under seven (7) days using only judicial days, i.e., no weekends or legal holidays. Longer periods get counted normally.
How To Serve an Eviction Notice in New Jersey
New Jersey landlords may deliver an eviction notice using any of these methods:
- Hand delivery to the tenant
- Hand delivery to a person over age 14 on the premises 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
- ONLY for holding over, holding over after a rent default, and holding over after waste, nuisance, or certain major lease violations, AND only when all forms of hand delivery fail: Delivery by posting or affixing a copy at a conspicuous place on the premises
Mailed notice extends the notice period by five (5) calendar days, to account for variable delivery times.
Sources
- 1 NJ Rev Stat § 2A:42-6.1
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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.
Source Link - 2 NJ Rev Stat § 2A:18-61.2
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Habitual failure to pay rent, one month’s notice prior to the institution of the action for possession.
Source Link - 3 New Jersey Court Rules of Civil Procedure - Rule 1:3-1
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Rule 1:3-1. Computation of Time. In computing any period of time fixed by rule or court order, the day of the act or event from which the designated period begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor legal holiday. In computing a period of time of less than 7 days, Saturday, Sunday and legal holidays shall be excluded.
Source Link - 4 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.
Source Link - 5 N.J. Stat. § 2A:18-53(a) & (c)
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Except for residential lessees and tenants included in section 2 of this act, any lessee or tenant at will or at sufferance, or for a part of a year, or for one or more years, of any houses, buildings, lands or tenements, and the assigns, undertenants or legal representatives of such tenant or lessee, may be removed from such premises by the Superior Court, Law Division, Special Civil Part in an action in the following cases:
a. Where such person holds over and continues in possession of all or any part of the demised premises after the expiration of his term, and after demand made and written notice given by the landlord or his agent, for delivery of possession thereof. The notice shall be served either personally upon the tenant or such person in possession by giving him a copy thereof or by leaving a copy of the same at his usual place of abode with a member of his family above the age of 14 years. … Source Linkc. Where such person (1) shall be so disorderly as to destroy the peace and quiet of the landlord or the other tenants or occupants living in said house or the neighborhood, or (2) shall willfully destroy, damage or injure the premises, or (3) shall constantly violate the landlord’s rules and regulations governing said premises, provided, such rules have been accepted in writing by the tenant or are made a part of the lease; or (4) shall commit any breach or violation of any of the covenants or agreements in the nature thereof contained in the lease for the premises where a right of re-entry is reserved in the lease for a violation of such covenants or agreements, and shall hold over and continue in possession of the demised premises or any part thereof, after the landlord or his agent for that purpose has caused a written notice of the termination of said tenancy to be served upon said tenant, and a demand that said tenant remove from said premises within three days from the service of such notice. The notice shall specify the cause of the termination of the tenancy, and shall be served either personally upon the tenant 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. - 6 N.J. Stat. § 2A:18-54
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Source Link
Where for any reason, any of the notices required by section 2A:18-53 of this title, cannot be served as provided in said section or a summons and complaint cannot be served as in other actions, such notices or summons and complaint may be served upon any person actually occupying the premises, either personally or by leaving same with a member of his family above the age of 14 years, or when admission to the premises is denied or the tenant or occupant and all members of his family above the age of 14 years are absent from the premises, or there is no person actually occupying them, the officer or other person may post or affix a copy of the same upon the door or other conspicuous part of such premises. Such posting shall be deemed to be lawful service.
- 7 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.
Source Link
