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Making a New Jersey Eviction Notice
Eviction Notices start the legal eviction process in New Jersey. You can evict tenants for a variety of reasons in this state, but you must follow the legal eviction procedures to be successful. The first step in the process is serving notice.
Use the New Jersey Eviction Notice document if:
Our New Jersey Eviction Notice forms are suitable for these types of evictions: nonpayment, lease violations, expired leases, property damage, nuisance issues or illegal activities.
Other names for a New Jersey Eviction Notice: Notice to Quit, Notice to Cease, Notice to Pay Rent or Quit, Notice to Quit and Demand Possession
Eviction Notices are used to start the eviction process. An Eviction Notice tells the tenant that you are wanting to end the tenancy agreement. You may deliver an eviction notice because a tenant has not paid rent or they have violated the lease agreement. You may want them to move because the lease has ended or you never had a lease agreement. How many days notice you are required to give depends on the situation. It can be as few as three days or numerous months. The New Jersey Eviction Law section of the Department of Community Affairs Division of Codes and Standards explains landlord-tenant laws in detail.Information needed to make this New Jersey Eviction Notice
Our document builder can make these eviction notices for New Jersey: Notice to Pay Rent or Quit and Quit and Demand for Possession. If you need a different property management document, see essential landlord documents.
Information needed to make an eviction notice:
Once you enter the above information, the notice is automatically generated with the required legal language. You can download it as a Word or PDF file. You can edit the document later if needed by logging into your account.
You can deliver Eviction Notices the same as you would any other type of notice. It is best if you try to make sure the tenant actually receives the notice. You can deliver it to them personally, by certified mail or post it to their door. If you deliver the notice in person, you must leave it with someone over 14 years of age who lives in the rental. Keep records of communications with the tenants and note delivery dates of notices. If you choose to hire a process server, you can use an Affidavit of Service to document the details of the delivery.
If the tenant does not comply to the notice, you can file a complaint in the Office of the Special Civil Part Clerk in the county the property is located. You will need to pay the filing fee and attend your court date.
The Nonpayment eviction process is a bit different in New Jersey compared to other states and they do not favor tenants. If tenants are late paying rent or habitually late in paying rent, you can start the eviction process without notice. You can go straight to filing with the courts. Of course, it is in your best interest to have accurate records that show the tenants are late in paying rent or often late paying rent.
"Self-help" or do-it-yourself evictions are illegal in all states. You should follow the legal process for evicting a tenant in your state. Of course, you can respectfully negotiate with tenants in order to try to get them to quit their lease and move on their own, but you cannot "force" them. You cannot:
If you do not follow the proper procedure, your tenant may have grounds to fight the eviction. If you are not sure what might be construed as harassment, ask a lawyer.New Jersey Evictions: Tenant Rights
If you have paid your rent and have not violated your lease, you may be able to fight an eviction. You may be able to contest an eviction if: your landlord didn't give you proper notice, they didn't follow the legal eviction process (or they harassed you), they are evicting you in retaliation or are discriminating against you. You may benefit from hiring a lawyer to help you fight an eviction. If you lose your case, you'll have to pay your landlord's attorney fees and more. In most situations, it is best if you can try to negotiate with your landlord and avoid a court-ordered eviction.
Here are some answers to some common New Jersey eviction questions:
Can I withhold payment if the landlord doesn't keep the property livable?
In New Jersey, like many states, you can withhold rent if the property is not maintained adequately. In some cases the rent can be held or portions of the rent can be used to make the needed repair. Before withholding rent make sure the repair or defect is "vital" and not just cosmetic. Examples of vital issues might be lack of heat, no hot or cold water, broken toilets or lack of electricity. Keep meticulous records if you plan to pursue this option. If repairs are still not made, you may be able to get out of your lease with what is called a "constructive eviction." You may want to consult with a local housing authority to make sure you are following the requirements for this action.
Is "Double Rent" legal?
Yes, and it can get expensive really quickly for you. If you are a holdover tenant, meaning your lease has expired or ended and you have received notice but have not moved, you can be charged twice the regular rent until you move. You can be sued for this amount in court. It is best if your tenancy agreement has ended, to move as quickly as possible.
What if I have a terminal illness?
If you've lived in the building for over two years, pay your rent and comply with the lease agreement, you may be able to maintain living on the property. You'll need proof from a certified, licensed physician that you are unable to move and look for a new place to live. You should attend your court date with all of the required paperwork to fight this type of eviction. You may also want to consider hiring a lawyer to help you with your case.
What happens if I'm evicted in New Jersey?
If you are evicted, you can be forcibly removed if you do not move within the allotted time, usually within three days. Your landlord will in most cases, move your belongings to a storage facility and charge you for it. You'll have an eviction and judgment placed on your records and it may become more difficult to be approved for housing later.
To learn more about basic tenant rights, see Tenant Rights 101: What Tenants Need to Know.