New Jersey eviction notices by cause
New Jersey notice rules follow the Anti-Eviction Act’s list of causes. N.J.S.A. 2A:18-61.2 bars a judgment for possession without a written notice to quit, except in cases for nonpayment of rent (cause a) or nonpayment after a valid rent increase notice (cause f). So for unpaid rent, you can file once rent is late.
Most conduct causes need two notices. For disorderly conduct, rule violations, lease violations and habitual late payment, the tenant must first get a written notice to cease, and only continued conduct supports a notice to quit (N.J.S.A. 2A:18-61.1(b), (d), (e) and (j)).
| Cause | Notice to quit | Rule |
|---|---|---|
| Nonpayment of rent | None required | 2A:18-61.2 |
| Disorderly conduct, after notice to cease | 3 days | 2A:18-61.2(a) |
| Willful or grossly negligent damage | 3 days | 2A:18-61.2(a) |
| Rule or lease violation, after notice to cease | One month | 2A:18-61.2(b) |
| Habitual late payment, after notice to cease | One month | 2A:18-61.2(b) |
| Refusing reasonable lease changes | One month | 2A:18-61.2(e) |
| Code-cited board-up or demolition | Three months | 2A:18-61.2(c) |
Serving a New Jersey notice to quit
The notice must specify in detail the cause of the termination. Serve it personally, leave it at the tenant’s usual place of abode with a family member over 14, or send it by certified mail, and if the certified letter goes unclaimed, send it again by regular mail (N.J.S.A. 2A:18-61.2).
Keep the notices you plan to rely on. The court requires a landlord filing for anything other than nonpayment to attach all notices sent to the tenant, and to the housing authority where one is involved.
The Anti-Eviction Act: good cause in every apartment building
A residential tenant may be removed only for one of the good causes listed in N.J.S.A. 2A:18-61.1, even after a lease expires. The main exemption is owner-occupied premises with no more than two rental units, plus transient and seasonal rentals, so every unit in a building of five or more is covered.
There is no cause for selling, for delivering a vacant building or for moving a tenant to market rent mid-lease. A rent increase can support eviction only under cause f, after a valid notice to quit and notice of increase, and only if the increase is not unconscionable and complies with any local rent control ordinance. Our New Jersey landlord-tenant law guide covers rent control in more depth.
Filing a New Jersey eviction, step by step
Evictions are summary dispossess actions in the Landlord/Tenant Section of the Special Civil Part, Law Division, Superior Court, in the county where the property sits. The court’s published fees are $50 to file against one defendant, $5 for each additional defendant and $7 for service by a Special Civil Part officer.
Along with the verified complaint, file a Landlord Case Information Statement, a certification of lease and registration statement and, unless exempt under N.J.S.A. 46:8-27, the building’s registration statement. A building with more than three units must be registered with the Bureau of Housing Inspection.
- File the complaint with the summons, LCIS and registration papers.
- The court sets the trial date, at least 21 days after service of the summons.
- At trial, a landlord who doesn’t appear has the case dismissed; a tenant who doesn’t appear is defaulted.
- The judge may send both sides to a court settlor to try to settle first.
- If the court enters a judgment for possession, wait 3 business days, not counting the court day, then request a warrant of removal (N.J.S.A. 2A:18-57). The warrant fee is $35 plus the officer’s mileage.
- A court officer serves the warrant, and the lockout can happen no earlier than the third day after service, counting only business days, between 8 a.m. and 6 p.m. (N.J.S.A. 2A:42-10.16).
- Request the warrant within 30 days of the judgment and have it executed within 30 days of issuance unless a stay or signed agreement applies.
Paying to stay: New Jersey’s right to redeem
In a nonpayment case, a tenant who pays the clerk the rent claimed plus accrued costs any time on or before final judgment stops the case (N.J.S.A. 2A:18-55). The court says payment by 4:30 p.m. on the trial date can lead to dismissal.
The window doesn’t close at judgment. According to the court’s guidance, a residential tenant can pay all rent due plus allowed costs within three business days after the judgment, and even up to three business days after the lockout, by cash, money order or certified funds. The landlord must accept, including from a charity or rental assistance program, and tell the court to dismiss with prejudice, or face a $500 statutory penalty.
Tenants may also ask for an order for orderly removal, typically up to 7 calendar days, or a hardship stay of up to six months, which requires paying everything owed and keeping current.
Appeals, lockouts and retaliation
Summary dispossess judgments are not appealable except on the ground of lack of jurisdiction, and the landlord stays liable in a civil action for unlawful proceedings (N.J.S.A. 2A:18-59). The Special Civil Part keeps jurisdiction for 10 days after a lockout to hear tenant applications (N.J.S.A. 2A:42-10.16).
Self-help is a criminal matter. Entering a residence without the occupant’s consent except through legal process is a disorderly persons offense (N.J.S.A. 2A:39-1), and the tenant can recover possession, damages, costs and attorney’s fees, or treble damages where restoring possession is inappropriate (N.J.S.A. 2A:39-8). Only a Special Civil Part officer may carry out an eviction.
N.J.S.A. 2A:42-10.10 bars a notice to quit or eviction case brought as reprisal for a tenant’s good-faith code complaint, efforts to enforce legal rights or tenant organizing, and lets the tenant sue for damages.
New Jersey eviction timeline
This table follows a nonpayment case. Trial and officer scheduling vary by county.
| Step | Deadline | Rule |
|---|---|---|
| Notice to quit | None for nonpayment | N.J.S.A. 2A:18-61.2 |
| File complaint | Once rent is unpaid | N.J.S.A. 2A:18-61.1(a) |
| Trial | At least 21 days after service | NJ Courts landlord-tenant guidance |
| Tenant pays to dismiss | Through final judgment, 4:30 p.m. on trial day | N.J.S.A. 2A:18-55 |
| Warrant of removal | After 3 business days from judgment; request within 30 days | N.J.S.A. 2A:18-57 |
| Lockout | 3rd business day after service, 8 a.m. to 6 p.m. | N.J.S.A. 2A:42-10.16 |
| Post-lockout payment | Up to 3 business days after lockout | NJ Courts landlord-tenant guidance |
CARES Act notice and SCRA
Because New Jersey needs no notice before a nonpayment filing, the federal notice rule matters more here. If the building has a federally backed mortgage, such as a Fannie Mae, Freddie Mac or FHA-insured loan, or a covered federal housing program, Section 4024(c) of the CARES Act (15 U.S.C. 9058(c)) bars requiring a tenant to vacate until 30 days after a notice to vacate. The 120-day moratorium ended in 2020, but the 30-day text remains and courts have split on whether it still applies. Serving 30 days first at a covered building is the safer course.
For a default judgment, file the military service affidavit required by 50 U.S.C. 3931.
Worked example: one nonpaying unit in Newark
Assume a 30-unit Newark building with a unit at $2,100 a month and a tenant who misses rent on August 1, 2027. Assume a $1,200 flat attorney fee, service of the summons three business days after filing and the earliest trial date the 21-day rule allows.
You file Monday, August 2, and the tenant is served August 5. Trial is August 26 and judgment enters that day. After three business days the warrant can issue September 1. If the officer serves it September 2, the lockout can happen September 8, the third business day after Labor Day weekend.
That is 38 days without rent. At $69.04 a day ($25,200 a year divided by 365), lost rent comes to $2,624. Add the $1,200 fee and $92 in court fees ($50 filing, $7 service, $35 warrant, before mileage) for about $3,916. And if the tenant pays in full within three business days after the lockout, you must take the money and dismiss.
| Item | Assumption | Amount |
|---|---|---|
| Lost rent | 38 days at $69.04 | $2,624 |
| Attorney fee | Flat fee | $1,200 |
| Court fees | $50 filing, $7 service, $35 warrant | $92 |
| Total | Before officer mileage and turnover | $3,916 |
Alternatives to a New Jersey eviction
Many New Jersey nonpayment cases settle on the trial date, and the judge may send both sides to a court settlor. A written consent agreement with a payment schedule, approved by the judge, keeps a path to a warrant if the tenant misses a payment.
Cash for keys can work too, but it has to be voluntary: there is no cause in the Anti-Eviction Act for simply wanting the unit back. Put the move-out date, the payment and the condition of the unit in a signed agreement.
Selling a New Jersey building with evictions pending
A buyer steps into the leases and the Anti-Eviction Act protections that already cover the tenants, along with any open dispossess cases. The purchase agreement should assign your claims for rent, say who controls each case after closing and who keeps money collected, and the buyer’s attorney decides whether to continue or refile.
Give the buyer the notices to cease and quit, complaints, judgments and ledgers, plus tenant estoppel certificates and the registration statement. Buyers in rent-controlled towns will also want each unit’s legal rent.
Selling your New Jersey apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units across New Jersey with tenants in place, including buildings with arrears, notices served or cases in the Special Civil Part.
Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
