In this Step-by-Step Guide in Evicting Tenants in NJ For Landlords, we’ll walk you through each step of the New Jersey eviction process, providing practical tips and legal insights to help you avoid costly mistakes. As experts in landlord-tenant law in New Jersey with over 40 years of combined experience, Sammarro & Zalarick, are here to assist you every step of the way.
Evicting Tenants in NJ For Landlords – A Guide & Your Rights
Evicting a tenant in New Jersey can be a complicated and emotionally draining process. As a landlord, you’re likely concerned about recovering lost rent, regaining control of your property, and ensuring you remain compliant with the state’s strict laws. Eviction isn’t just a matter of asking someone to leave—it’s a legal process that must be handled with care and precision.
1. What Is the Eviction Process in NJ?
In New Jersey, evictions are governed by the Anti-Eviction Act (N.J.S.A. 2A:18-61.1). This law protects tenants by strictly regulating the circumstances under which they can be removed from their rental properties. For landlords, this means that even a valid reason for eviction must be pursued through the proper legal channels.
Key Features of NJ’s Eviction Process
Court Involvement
All evictions in NJ require a court order. Landlords cannot remove tenants or their belongings without legal approval.
Just Cause Requirement
Landlords must provide a legally valid reason for eviction, such as non-payment of rent or lease violations.
Prohibited Self-Help
Actions like changing locks, shutting off utilities, or harassing tenants are illegal and can result in significant penalties for landlords.
Expert Tip:
It’s essential to understand that New Jersey courts prioritize tenant rights. As a landlord, you must be diligent in following the rules to avoid having your case dismissed.
2. What Are Legally Valid Reasons for Eviction?
The Anti-Eviction Act outlines specific circumstances under which a tenant may be evicted. Without meeting one of these criteria, landlords cannot proceed with an eviction.
Common Grounds for Eviction in NJ
Non-Payment of Rent
This is the most frequent cause of eviction. If a tenant fails to pay rent on time, you can file for eviction after issuing a formal demand for payment.
Violation of Lease Terms
Examples include unauthorized subletting, keeping pets in a no-pet property, or causing significant damage.
End of Lease Term
For month-to-month leases or when a fixed-term lease expires, landlords must provide proper notice to terminate the tenancy.
Illegal Activities
If the tenant engages in illegal activities, such as drug dealing, eviction can proceed immediately without prior notice.
3. Step-by-Step Guide to Evicting a Tenant in New Jersey
Now that we’ve covered the legal foundations, let’s dive into the specific steps involved in evicting a tenant in New Jersey.
Step 1: Serve the Proper Notice
The eviction process begins with serving the tenant a written notice. The type of notice depends on the reason for eviction.
Types of Eviction Notices
Non-Payment of Rent
Issue a Notice of Non-Payment, which demands that the tenant pay the overdue amount. While NJ law doesn’t specify a timeframe, 5–10 days is typical.
Lease Violations
Start with a Notice to Cease (warning). If the violation continues, follow up with a Notice to Quit to terminate the tenancy.
End of Lease
Provide a 30-Day Notice to Quit for month-to-month tenancies or non-renewals of fixed-term leases.
Practical Tip: Always send notices via certified mail with a return receipt. This provides proof of delivery, which is essential if the case goes to court.
Step 2: File an Eviction Complaint
If the tenant fails to comply with the notice, the next step is filing an eviction complaint with the Special Civil Part of the Superior Court in the county where your property is located.
What You Need to File:
- A completed Landlord/Tenant Complaint form.
- Copies of the lease agreement, notices served, and proof of violations (e.g., rent ledgers, photos of damage).
- Filing fee (approximately $50–$75, plus $7 for each tenant served).
After filing, the court will schedule a hearing, typically within 30 days.
Step 3: Attend the Court Hearing
The hearing is your opportunity to present your case. Be prepared to explain why the tenant should be evicted and provide evidence to support your claims.
How to Prepare:
- Bring all relevant documents, including the lease, notices, rent receipts, and any communication with the tenant.
- Be professional and focus on the facts. Avoid emotional arguments or personal attacks.
What to Expect:
The tenant may present defenses, such as:
• Improper notice.
• Retaliation for reporting unsafe conditions.
• Landlord’s failure to maintain the property (e.g., habitability issues).
If the court rules in your favor, you’ll receive a Judgment for Possession.
Step 4: Enforce the Eviction
Even after winning the case, you cannot remove the tenant yourself. You must request a Warrant of Removal, which authorizes the local sheriff to carry out the eviction.
How It Works:
- The sheriff will notify the tenant of the eviction date, usually giving them 3 days to vacate voluntarily.
- If the tenant remains, the sheriff will physically remove them and their belongings.
Important Note: Attempting to evict the tenant without the sheriff’s involvement is illegal.
4. What to Do If a Tenant Disputes the Eviction
- Tenants have the right to contest an eviction. Common defenses include:
- Claiming the landlord failed to provide adequate notice.
- Alleging that eviction is retaliation for reporting unsafe or uninhabitable conditions.
- Disputing the amount of rent owed.
Solution: To counter these defenses, keep meticulous records of all notices, communications, and lease terms. If issues arise, consult with an experienced attorney to strengthen your case.
5. How to Avoid Common Eviction Mistakes
Landlords often make errors that can derail their eviction cases. Avoid these pitfalls by:
- Using the correct type of notice.
- Documenting all violations and interactions.
- Never taking matters into your own hands (e.g., changing locks).
Expert Insight: Hiring an attorney ensures every step is handled correctly, saving you time, money, and stress.
Why Work with Sammarro & Zalarick PA?
Navigating the New Jersey eviction process can feel overwhelming, but you don’t have to do it alone. At Sammarro & Zalarick, we specialize in landlord-tenant law and have over 40 years of combined experience helping landlords in Garfield, NJ, and beyond.
Our Services Include:
- Drafting and serving notices.
- Filing eviction complaints.
- Representing landlords in court.
Let us handle the legal complexities so you can focus on managing your property.