A New Jersey lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
Types of New Jersey Lease Termination Notice Forms
| Notice Form | Lease Type |
| 7 Day Notice To Vacate | Weekly |
| 30 Day Notice To Vacate | Monthly |
| 90 Day Notice To Vacate | Yearly / Tenancy At Will |
New Jersey 7 Day Notice To Vacate
A New Jersey 7 Day Notice To Vacate terminates a week-to-week lease, and situations without a written lease where the tenant pays rent weekly. The non-terminating party must receive notice at least seven (7) calendar days before the date of termination.
New Jersey 30 Day Notice To Vacate
A New Jersey 30 Day Notice To Vacate terminates a month-to-month lease, as well as expired leases and situations without a 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.
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. The non-terminating party must receive notice at least ninety (90) calendar days prior to the date of termination.
How To Write a Lease Termination Notice in New Jersey
To ensure the legal compliance of a lease termination notice:
- 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 Calculate Expiration Date in New Jersey
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter 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 period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
How To Serve a Lease Termination Notice in New Jersey
New Jersey landlords and tenants may deliver a lease termination notice 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
- 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:18-56
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The tenancy, if for a term other than at will, from year to year, or from month to month, has been terminated by the giving of one term’s notice to quit, which notice shall be deemed to be sufficient.
Source Link - 2 NJ Rev Stat § 2A:18-56
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The tenancy, if a tenancy from month to month, has been terminated by the giving of 1 month’s notice to quit, which notice shall be deemed to be sufficient.
Source Link - 3 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 - 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.
- 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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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.
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