What is a New Jersey Eviction Notice or Notice to Quit?
When to use a New Jersey Eviction Notice:
- Your tenant has not paid rent or habitually pays rent late.
- Your tenant has violated their lease agreement.
- Your tenant's lease has expired or they do not have a lease.
- Your tenants are disorderly and disturb the neighbor's peace.
NOTICE TO PAY RENT OR QUIT
, New Jersey
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , New Jersey
PLEASE TAKE NOTICE that the tenancy
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF NEW JERSEY INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES. THIS NOTICE IS IN ACCORDANCE WITH THE NEW JERSEY ANTI-EVICTION ACT.
New Jersey Eviction Notice FAQs
Can I legally evict my tenant(s) for overdue rent in New Jersey?
Under normal circumstances, the answer is yes, and you can draft a New Jersey Eviction Notice (more specifically called a Notice to Pay Rent or Quit) to kick off the process. That said, as a result of the COVID-19 pandemic, there are several limitations and special protections in place for tenants. Although the ban on eviction was blocked by the Supreme Court at the federal level, the state and municipal governments in New Jersey have the authority to maintain their own guidelines for evictions. Check out the talk to a lawyer , if you are still uncertain.
Unlike many other states, New Jersey doesn't require you to provide notice to the tenant if you plan to evict them for nonpayment of rent. You can go straight to filing with the court. That said, it may still be in your best interest to try to work with the tenant and avoid the time and cost of going to court.
Should a landlord create an Eviction Notice in New Jersey?
In order to evict a tenant in New Jersey, it may be helpful to provide a Notice of Eviction as a first step. Even if it isn't always mandated by law, this document can help you avoid court (as long as your tenant complies.) Some of the reasons behind why you might want one are:
- The tenant is habitually late to pay their rent or payments have fallen behind schedule
- The tenant sublets your property in breach of the rental terms
- The tenant has caused substantial damage
- The tenant disturbs the other tenants
- The tenant is using your property for an illegal business
- The tenant brings in a cat or dog and the lease does not permit pets
In addition to these violations, tenants generally can be evicted due to other reasons that are not connected to their conduct, such as when the property owner intends to move in. Keep in mind that the list above is not totally exhaustive and that the permitted reasons for eviction may be different. If you are having any doubts related to New Jersey eviction laws, you can always connect with an attorney.
What should a New Jersey Notice to Vacate include?
You can click the "Make document" button to take a closer look at our New Jersey Eviction Notice sample. The specific details to add are:
- The address and description of your property
- The legal name of each inhabitant
- How much of the rent is overdue (if applicable)
- What lease terms have been violated
- How long the notice period will last
Of course, if your tenant is not at fault for the eviction, you are able to add more details since your decision may come as a surprise. With the Rocket Lawyer document tool, you are able to implement further custom modifications, as well. You'll want to confirm that the policies and terms noted in the Eviction Notice are actually present in the fully executed lease.
How will New Jersey eviction laws impact me as a landlord?
The law is continually evolving and the eviction process can be fairly nuanced. In some instances, there are varying notice periods and other requirements based on how long the tenant has lived in the unit and what the reason is for eviction. Consequently, it is recommended that all landlords consult an eviction lawyer before serving a Notice of Eviction on any tenant.
Can I get a New Jersey Eviction Notice template online for free?
With Rocket Lawyer, your New Jersey Eviction Notice can be customized for you. Simply click on the button labeled "Make document" and respond to a few basic questions. This method, in most cases, will end up being notably less expensive than finding and working with your average provider.
What might it normally cost for an attorney to help me evict a tenant in New Jersey?
If you wish to understand the full cost of eviction, you will need to take into consideration the cost of filing court documents, legal fees, the value of unrecovered rent payments, storage or cleaning fees, and ultimately, the money and time spent looking for a replacement tenant. The good news is you do not need to pay hundreds of dollars in legal fees to have a Notice of Eviction made. In reality, Rocket Lawyer offers much more than many other eviction template websites that you may come across elsewhere. As a Rocket Lawyer member, you can get up to 40% in savings when hiring an attorney from our Rocket Lawyer attorney network.
How much time does the New Jersey eviction process usually take?
The duration of the eviction process for New Jersey tenants is partially determined by the amount of notice required, in addition to the volume of proceedings that are being held at the same time. Below, you'll find a generalized breakdown of New Jersey notice periods:
- Past-due rent: No notice is required by law
- Non-compliance with lease: 30-day notice
- No cause: 1-month notice
When the pre-defined notice period is over, the actual eviction may still take anywhere from 3 weeks to 4 months. Please note that with particular types of housing, for instance where rent is subsidized, the mandated notice period may be longer.
Do I need to hire an attorney when evicting someone in New Jersey?
While you can create an Eviction Notice by yourself, many property owners who end up going to court hire a lawyer to represent them. Depending on whom you approach, some lawyers won't even agree to review documents that they didn't draft. An easier approach might be to request help from the Rocket Lawyer attorney network. With a Premium membership, you have the ability to ask for feedback from an Rocket Lawyer network attorney with landlord-tenant experience or get answers to additional legal questions about your NJ Eviction Notice. We are always here to support you.
Will there be any next steps that I should be sure to take once I have created a Notice of Eviction/Notice to Quit in New Jersey?
When you're finished creating your New Jersey Eviction Notice, you will be able to review it anytime, on any device. With a Premium membership, you can edit it, make copies, save it in Word or PDF format, or print it out as needed. You must sign and date it before serving it on the tenant. You can choose from a few options when serving a notice:
- Send the notice through certified mail with a return receipt
- Deliver it personally
- Hire a process server
Remember, "DIY" or "self-help" evictions are illegal in New Jersey or any other state. Property owners should not padlock the entryways, shut off utilities and services, remove property, or in any way threaten tenants in order to force them out. Taking the appropriate lawful actions leading up to and throughout the eviction process will give you the best chance of removing tenants successfully under a court order.
Where do I file to start the formal eviction process?
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.