New Jersey Tenant Information

New Jersey Tenant Information – Renters Rights

 

GROUNDS FOR EVICTION

a. Failure to Pay Rent If a tenant fails to pay rent, the landlord may immediately take legal action to have the tenant evicted. The landlord is not required to give the tenant notice before filing an eviction suit, except if the tenant resides in federally subsidized housing. If the tenant resides in federally subsidized housing a 14-day notice must be given before filing a suit for eviction.

Note: A tenant may not be evicted for nonpayment of rent, if the tenant used the unpaid portion of rent to continue utility services to the rental premises after receiving notice that the services were in danger of being discontinued, and if the landlord was responsible for the payment of those utility services and did not make the payments required to retain the use of those services. These utilities include: electric, gas, water and sewer. The money used to pay for the continuance of those services shall be considered part of the rent payment.

 

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b. Disorderly Conduct If after given written Notice to Cease disorderly conduct, the tenant continues the disorderly conduct and that conduct destroys the peace and quiet of the other tenants living in the house or neighborhood, the landlord may file a suit for eviction. A Notice to Quit must be served on the tenant at least three days prior to filing a suit for eviction.

c. Damage or Destruction to the Property The tenant may be evicted if he has intentionally or by reason of gross negligence caused or allowed destruction, damage or injury to the property. A Notice to Quit must be served on the tenant at least three days prior to filing a suit for eviction.

d. Substantial Violation or Breach of the Landlord’s Rules and Regulations If after given a written Notice to Cease violating or breaching reasonable rules and regulations contained in the lease or accepted in writing by the tenant, the tenant continues to substantially violate or breach the rules and regulations, the landlord may file a suit for eviction. A Notice to Quit must be served on the tenant at least one month prior to filing the suit for eviction. In addition, any notices must be given on or before the start of a new month.

e. Violation or Breach of Covenants or Agreements Contained in the Lease

1) If the tenant continues to substantially violate or breach the reasonable covenants or agreements contained in the lease, after given written Notice to Cease violating or breaching those covenants or agreements and if the landlord has reserved a right of re-entry in the lease, the landlord may file a suit for eviction. A Notice to Quit must be served on the tenant at least one month prior to filing the suit for eviction.

2) In public housing, if the tenant has substantially violated or breached any of the covenants or agreements contained in the lease, pertaining to illegal uses of controlled dangerous substances, or other illegal activities, the landlord may file a suit for eviction. The covenant or agreement must conform to federal guidelines and must have been in effect at the beginning of the lease term. The landlord does not have to give Notice to Cease the illegal activity before filing for a Notice to Quit. A Notice to Quit must be served on the tenant in accordance with federal regulations pertaining to public housing.

Note: A public housing authority may evict a tenant when a member of the tenant’s household or guest engages in drug-related activity, even if the tenant did not know of the drug related activity. Dept. of Housing and Urban Development v. Rucker, 122 S.Ct. 1230 (2002).

f. Failure to Pay Rent Increase If a tenant fails to pay rent after being given notice of a rent increase and a Notice to Quit, the landlord may file a suit for eviction. The rent increase must not be unconscionable and must comply with all other laws or municipal ordinances, including rent control. A Notice to Quit must be served on the tenant at least one month prior to filing the suit for eviction.

Note: If the tenant believes the rent increase is unconscionable, he may withhold a portion of the rent. He may withhold the difference between the old rent rate and the new increased rate. However, the landlord may file a suit for eviction and the court would determine if the rent increase is unconscionable.

g. Health and Safety Violation or Removal from the Rental Market A tenant may be evicted if the following conditions apply:

1) The landlord has been cited by an inspector and needs to board up or demolish the property because of substantial health and safety violations and because it is financially difficult to fix the violations.

2) The landlord needs to fix health and safety violations and it is not possible to do so, while the tenant resides at the property. When the landlord serves the eviction notice he must also notify the Department of Community Affairs, Landlord-Tenant Information Service, P.O. Box 805, Trenton, New Jersey 08635-0805. In addition, upon request, the landlord must provide the Department of Community Affairs with information as required under the law, so that the Department may prepare a report informing all parties and the court of the feasibility of the landlord to fix the violations without removing the tenants from the property.

3) The landlord needs to correct an illegal occupancy and it is not possible to correct this violation without removing the tenant.

4) A governmental agency wants to permanently take the property off the rental market, so that it can redevelop or clear land in a blighted area.

A Notice to Quit must be served on the tenant at least three months before filing a suit for eviction. The tenant can’t be evicted until relocation assistance is provided. Note: Tenants evicted under this cause may be eligible for financial and other assistance for relocation. If eligible, this assistance must be provided before the tenant can be evicted. Information on relocation assistance can be obtained from the Relocation Assistance Program of the Division of Codes and Standards, P.O. Box 802, Trenton, New Jersey 08625-0806, (609) 984- 7609. Any tenant evicted under g. 3) (illegal occupancy) is entitled to relocation assistance in an amount equal to six times the tenant’s monthly rent. The landlord is responsible for paying the tenant’s relocation expenses. Any tenant who does not receive the required payment from the landlord at least five days prior to his or her removal from the premises, may receive payment from a revolving relocation assistance fund established by the municipality. The landlord will be required to repay the money to the municipality. (Pursuant to N.J.S.A. 2A:18-61.1g.) However, if the municipality has not established a relocation assistance fund, and the landlord does not pay the relocation funds within the required time, interest will accrue on the unpaid balance at the rate of 18% per year until the amount due, including interest is paid in full to the tenant. The amount due to the tenant is a lien on the property. The tenant may file a lien statement with the county clerk or registrar in order to enforce the lien. (Pursuant to N.J.S.A. 2A:18-61.1h.)

h. The Landlord Wants to Permanently Retire the Property from Residential Use If the landlord wants to permanently retire a building or mobile home park from residential use, provided the circumstances covered under section (g) above do not apply, the landlord may file suit for eviction. A Notice to Quit must be served on the tenant at least 18 months prior to filing the suit for eviction. No legal action may be taken until the lease expires.

i. Refusal to Accept Reasonable Changes in the Terms and Conditions of the Lease When the lease expires, the landlord may propose reasonable but substantial changes to the terms and conditions of the lease. If after written notice the tenant refuses to accept those changes the landlord may file suit for eviction and the court will determine if the proposed changes are reasonable. In cases where a tenant has received a notice of termination on any of the grounds listed in section (k) below, has a protected tenancy status pursuant to the “Senior Citizens and Disabled Protected Tenancy Act,” or pursuant to the “Tenant Protection Act of 1992,” the landlord or owner shall have the burden of proving that any changes in the terms and conditions of the lease, rental or regulations are reasonable and does not substantially reduce the rights and privileges that the tenant was entitled to prior to the conversion. A Notice to Quit must be served on the tenant at least one month before filing suit for eviction.

Note: The Senior Citizens and Disabled Protected Tenancy Act protects qualifying tenants from changes in the terms of the tenancy or rent increases, which rests solely on the landlord’s decision to convert the rental premises.

j. Tenant Continously Fails to Pay Rent or Habitually Pays Late If the tenant continuously fails to pay rent or habitually pays late, after written Notice to Cease, the landlord may file a suit for eviction. A Notice to Quit must be served on the tenant at least one month before filing a suit for eviction.

Note: The Courts have ruled that habitual late payments means more than one (1) late payment following the Notice to Cease. Also the N.J. Supreme Court ruled that a landlord after giving a tenant a notice to cease late payments, must continue to give the tenant reasonable and sufficient notice when accepting further late payments, that continued late payments from the tenant would result in an eviction action. If the landlord does not give this continued notice, the original Notice to Cease given to the tenant may be considered waived by the Court.

k. Conversion to Condominium, Cooperative or Fee Simple Ownership If the landlord or owner of a building or mobile home park is converting the property from the rental market to a condominium, cooperative or fee simple ownership of two or more dwelling units or park sites, except as hereinafter provided in subsection (l) below, the landlord may file a suit for eviction. The landlord must comply with the regulations governing conversion to condominiums and cooperatives, before a warrant for possession shall be issued. Up to five one-year stays if eviction shall be granted by the court if the tenant has not been offered a reasonable opportunity to examine and rent comparable housing. However, not more than one-year stay shall be granted if the landlord allows the tenant five months’ free rent as compensation for hardship in relocation. No action for possession shall be brought against a senior citizen tenant or disabled tenant with protected tenancy status pursuant to the “Senior Citizens and Disabled Protected Tenancy Act of 1992,” as long as the agency has not terminated the protected tenancy status or the protected tenancy period has not expired. A Notice to Quit must be served on the tenant at least three years before filing a suit for eviction. No legal action may be taken until the lease expires.

l. Tenancy After Conversion to Condominium, Cooperative or Fee Simple Ownership

1) The landlord may file for eviction, if the owner of a building or mobile home park, which is constructed as or being converted to a condominium, cooperative or fee simple ownership, seeks to evict a tenant or sublessee whose initial tenancy began after the master deed, agreement establishing the cooperative or subdivision plat was recorded, because the owner has contracted to sell the unit to a buyer who seeks to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing. However, no action shall be brought against a tenant under paragraph one (1) of this subsection unless the tenant was given a statement, informing the tenant that the property is being converted. A Notice to Quit must be served on the tenant at least two months prior to filing suit for eviction. No legal action may be taken until the lease expires.

2) The landlord may file for eviction, if the owner of three or less condominium or cooperative units seeks to evict a tenant whose initial tenancy began, by rental, after the master deed or agreement establishing the cooperative was recorded, because the owner seeks to personally occupy the unit, or has contracted to sell the unit to a buyer who seeks to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing. A Notice to Quit must be served on the Tenant at least two months prior to filing suit for eviction. No legal action may be taken until the lease expires.

3) The landlord may file for eviction, if the owner of a building with three residential units or less seeks to personally occupy a unit, or has contracted to sell the residential unit to a buyer who wishes to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing. A Notice to Quit must be served on the Tenant at least two months prior to filing suit for eviction. No legal action may be taken until the lease expires.

m. Tenancy Based on Employment If a tenant resides in the property on the condition that, he is employed by the landlord as a superintendent, janitor or in some other job and that employment is terminated the landlord may file suit for eviction. A Notice to Quit must be served on the tenant three days prior to filing a suit for eviction.

n. Conviction of a Drug Offense Committed on the Property The landlord may file suit for eviction, if the tenant, including juveniles who have been found by the Court to be delinquent, has been convicted of or pleaded guilty to drug offenses that took place on the property, and has not in connection with his sentence either (1) successfully completed or (2) been admitted to and continues during probation participation toward completion of a drug rehabilitation program. Also, if the tenant lets a person who has been convicted of or pleaded guilty to drug offenses, occupy the premises for residential purposes whether it is continuously or occasionally, the landlord may file for eviction. This does not apply to a tenant allowing a juvenile to reside at the property where the juvenile has been found to be delinquent due to use or possession of drugs. No eviction suit may be brought more than two years after: the juvenile was found to be delinquent; conviction of the person; or after the person’s release from incarceration whichever is later. A Notice to Quit must be served on the tenant at least three days prior to filing suit for eviction.

o. Conviction of Assaulting or Threatening the Landlord, His Family or Employees The landlord may file for eviction, if the tenant has been convicted of or pleaded guilty to, or if a juvenile has been found by the court to be delinquent due to an offense involving assault or terrorist threats against the landlord, a member of the landlord’s family or an employee of the landlord. Also, if the tenant permits a person he knows has been convicted of or has pleaded guilty to these actions to reside at the premises continuously or occasionally, the landlord may file suit for eviction. No eviction suit may be brought more than two years after: the juvenile was found to be delinquent; conviction of the person; or after the person’s release from incarceration whichever is later. A Notice to Quit must be served on the tenant at least three days prior to filing a suit for eviction.

p. Civil Court Action that Holds Tenant Liable for Involvement in Criminal Activities The landlord may file for eviction, if the tenant is found by a civil court proceeding (not criminal) to be liable for involvement in theft of property located on the premises, involvement in assaults or terrorist threats against the landlord, a member of the landlord’s family or an employee of the landlord, or involvement in illegal drug activities that takes place on the premises and that tenant has not in connection with his sentence for the drug offense either (1) successfully completed or (2) been admitted to and continues during probation participation towards completion of a drug rehabilitation program. Also, if the tenant permits a person he knows has been convicted of or has pleaded guilty to these actions, to reside at the premises continuously or occasionally, the landlord may file for eviction. This does not apply to a tenant allowing a juvenile to reside at the property where the juvenile has been found to be delinquent due to the use or possession of drugs. No eviction suit may be brought more than two years after: the juvenile was found to be delinquent; conviction of the person; or after the person’s release from incarceration whichever is later. A Notice to Quit must be served on the tenant at least three days prior to filing suit for eviction.

q. Conviction for Theft of Property The landlord may file for eviction, if the tenant has been convicted of or pleaded guilty to, or if a juvenile has been found to be delinquent by the Court due to an offense involving theft of property from the landlord or from tenants residing in the same building or complex. Also, if the tenant permits a person he knows has been convicted of or has pleaded guilty to these actions to reside at the premises continuously or occasionally, the landlord may file for eviction. A Notice to Quit must be served on the tenant at least three days prior to filing suit for eviction.

 

EVICTIONS FOR OWNER-OCCUPIED TWO AND THREE FAMILY DWELLINGS

In addition to the causes listed above, a tenant residing in an owner-occupied two or three family dwelling may be evicted if the landlord can show that the tenant is staying after the expiration of the lease and the landlord has given the tenant a written notice for delivery of possession of the property. Under this cause of not renewing the lease, a three month notice to quit must be given if an at will tenancy or year-to year tenancy exists. A one-month notice to quit is required for a month-to-month tenancy.

 

SELF-HELP EVICTIONS OR LOCKOUT

Self-help evictions occur when the landlord or someone acting on the landlord’s behalf enters into the dwelling unit without the permission of the tenant and without a judgment from the Court and forces the tenant to move. A lockout occurs when the landlord padlocks your door or changes your locks while you are not home and then refuses to allow you back into the premises. A lockout is also when the landlord shuts off the utilities in attempt to force you to move. Self-help evictions or lockouts made by the landlord are illegal in New Jersey.

If a landlord attempts a self-help eviction or lockout, the tenant should call the police. If the landlord refuses to allow the tenant back into the premises after the police have warned the landlord about the illegal procedure, the landlord may be charged with a disorderly person’s offense. Only a judge can order a legal eviction.

 

FILING A COMPLAINT FOR EVICTION

A Complaint must be filed with the Office of the Clerk of the Special Civil Part in the county where the rental premises are located. A Landlord-Tenant complaint form (to be used by the landlord) is available from the Clerk of the Special Civil Part in the county where the rental premises are located

Both the landlord and the tenant must come to the court hearing. If the landlord or his attorney does not come the complaint may be dismissed. If the tenant does not come, a default judgment may be entered against the tenant allowing the landlord to evict the tenant from the premises.

 

JUDGMENT FOR POSSESSION

If the landlord is granted a judgment for possession, the landlord may apply to the Clerk of the Special Civil Part for a warrant for possession, which allows the landlord to force the tenant to move out of the premises. The warrant for possession may not be issued until three (3) business days after the judgment for possession is granted. The tenant has three (3) business days to move all persons and belongings from the premises. If the tenant does not move after three (3) business days from the time the warrant for possession was served on the tenant, the landlord may arrange for the Court Officer to have the tenant evicted or locked out.

Following the eviction, the landlord must let the tenant remove personal belongings from the premises. A landlord cannot keep the tenant’s belongings, but can arrange for their storage. A landlord must apply for a warrant for possession within 30 days from the date of the judgment for possession unless the judgment is stopped through a court order or other written agreement signed by the landlord and tenant

A tenant may ask the court for permission to stay in the premises due to special difficulties that moving out may cause. If permission is granted, the tenant may not stay in the premises for more than six months. All rent due ordinarily must be paid for permission to be granted by the court.

 

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Guidelines for New Jersey Residential Eviction

Non-Payment of Rent

Please note: This information and forms are applicable for residential evictions only

TYPICAL LANDLORD AND TENANT COMPLAINTS

The likely reasons a landlord may file a complaint in the Landlord/Tenant Section of the New Jersey Superior Court, Special Civil Part, include:

	Failure to pay rent.
	Continued disorderly conduct.
	Willful destruction or damage to property.
	Habitual lateness in paying rent.
	Violation of rules and regulations, after written notice to comply, as outlined in a lease or other document.
	Tenant’s conviction for a drug offense.

 NOTICE

     Before filing most complaints, a landlord must give a tenant written notice to correct a lease violation. A landlord may only proceed to file an eviction lawsuit if a tenant fails to correct the violation within the statutory notice period.

The notice for Failure to Pay Rent, or Substantial Lease Violation is three days.

” . . . 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.”” . . .It shall be shown to the satisfaction of the court by due proof that the notice herein required has been given.”

Complaints for other than non-payment of rent generally require notice terminating the tenancy. Termination of a year to year lease may require a three month notice, all others are one rental period.

In New Jersey a landlord or a tenant that is a corporation must be represented by an attorney in all matters filed in the court. No landlord or tenant may be represented by anyone other than a lawyer.

WHERE TO FILE A COMPLAINT

      A complaint must be filed with the Office of the Special Civil Part Clerk in the county where the rental premises are located.

FILING A COMPLAINT

      A Landlord/Tenant complaint form is available from the Office of the Clerk of the Special Civil Part in the county where the rental premises are located. The complaint can be sent to the court through the mail or delivered in person. When filing a complaint, you must:

Give your full name, address, and telephone number. To ensure proper service of the complaint, give the correct name(s) and address(es) of the person(s) named in the complaint as defendant(s). It is important that the defendant be properly identified as an individual, a sole proprietorship, a partnership, or a corporation. Give all information for the type of complaint you’re filing, as indicated on the form. Sign the completed form. Pay the correct filing and service fees when filing the complaint with the Office of the Clerk of the Special Civil Part.

FILING FEES

      The cost for filing a complaint in the Landlord/Tenant Section is:

$20.00 for one defendant. $2.00 for each additional defendant.

In addition, you must pay a mileage fee for delivery of the complaint by a Court Officer. The staff of the Special Civil Part can inform you of the mileage fee.

PREPARATION FOR TRIAL

Landlord

If you are the landlord, you must come to court and prove the statements made in the complaint are true. Arrange to have in court any witnesses you need to prove your case. A written statement, even if made under oath, cannot be used in court. Only actual, in-court testimony of the witnesses will be allowed. Prepare your questions in advance.

Bring to court records of any transactions that may help you prove your case. Such records may include:

Leases, estimates, bills, rent receipt records. Dishonored checks. Letters, photographs. Other documents proving your claim.

If you are able to settle your case with the tenant before the trial date, call the Office of the Clerk of the Special Civil Part immediately.

Tenant

A tenant does not have to file a written answer, but must come to court and prove that the statements made by the landlord in the complaint are not true. The tenant must also arrange to have in court any witnesses needed to prove their side. A written statement, even if made under oath, cannot be used in court. Only actual testimony of the witnesses will be allowed.

The tenant should bring all applicable records which may include:

Rent receipts, canceled checks. Leases. Letters and notices to or from the landlord. Photographs. Other documents proving your case.

If the rent was not paid because the landlord did not make necessary repairs, the tenant must prove to the court how serious the problems are and how they are affecting the intended use of the rented premises. If a tenant has not paid the rent, and wants to retain possession, they should bring the amount the landlord claims to court. Only cash, a certified check, or a money order made out to the Court Clerk is acceptable.

THE DAY IN COURT

      Both the landlord and the tenant must come to court at the time and date stated on the complaint unless otherwise notified by the court. Bring all evidence and witnesses needed to present your case. Both the landlord and tenant will be able to present their cases.

If the court decides in favor of the tenant, the case will be dismissed. If the court decides in favor of the landlord, a “judgement for possession” will be granted. That judgement allows the landlord, within time limits, to have the tenant removed from the premises by a Court Officer.

If the landlord’s complaint is for non-payment of rent and the tenant offers to pay all the rent due plus court costs before or on the day of the court hearing, the landlord must accept the rent and the case will be dismissed. If the landlord doesn’t accept the money, it may be deposited with the Clerk of the Special Civil Part. The judgement then will be voided, and the tenant does not have to move out of the premises.

JUDGMENT FOR POSSESSION

      If a landlord is granted judgement for possession, the landlord may apply to the Clerk of the Special Civil Part for a warrant for possession, which allows the landlord to force the tenant to move out of the premises. The fee for a warrant for possession is $15.00 plus double the amount of the mileage fee. The warrant for possession may not be issued until three (3) business days (not counting the court day) after the judgement for possession is granted. The warrant for possession will be issued to a Court Officer to serve on the tenant.

The Court Officer must give a residential tenant three (3) business days to move all persons and belongings from the premises. If the tenant does not move after three (3) business days from which the warrant for possession was served, the landlord may arrange with the Court Officer to have the tenant evicted or locked out. The Court Officer will tell the landlord the fee charged for an eviction.

Following the eviction, the landlord must let the tenant remove personal belongings from the premises. A landlord cannot keep a tenant’s belongings, but can arrange for their storage.

A landlord must apply for a warrant for possession within 30 days from the date of the judgement for possession unless the judgement is stopped through a court order or other written agreement signed by the landlord and the tenant.

A tenant may ask the court for permission to stay in the premises due to special difficulties that moving out may cause. If permission is granted, the tenant may not stay in the premises for more than six months. All rent due ordinarily must be paid for permission to be granted by the court.

THE LAW

2A:42-10.16. Warrant for possession; execution

In any proceeding for the summary dispossession of a tenant, warrant for possession issued by a court of appropriate jurisdiction:

a. Shall include a notice to the tenant of any right to apply to the court for a stay of execution of the warrant, together with a notice advising that the tenant may be eligible for temporary housing assistance or other social services and that the tenant should contact the appropriate county welfare agency, at the address and telephone number given in the notice, to determine eligibility; and
b. Shall be executed not earlier than the third day following the day of personal service upon the tenant by the appropriate court officer. In calculating the number of days hereby required, Saturday, Sunday and court holidays shall be excluded; and
c. Shall be executed during the hours of 8 a.m. to 6 p.m., unless the court, for good cause shown, otherwise provides in its judgment for possession.

Whenever a written notice, in accordance with the provisions of subsection 2a., is given to the tenant by the court, this shall constitute personal service in accordance with the provisions of subsection 2b.

The Superior Court, Law Division, Special Civil Part shall retain jurisdiction for a period of 10 days subsequent to the actual execution of the warrant for possession for the purpose of hearing applications by the tenant for lawful relief. L.1974,c.47,s.2; amended 1984,c.180,s.11; 1991,c.91,s.87.

2A:42-10.17. Warrant for removal; disorderly or destructive residential seasonal tenant

The provisions of any other law to the contrary notwithstanding, in any action alleging habitual violation of section 2b. of P.L.1974, c. 49 (C. 2A:18-61.1b.), or violation of section 2c. of P.L.1974, c. 49 (C. 2A:18-61.1c.), brought by a landlord against a tenant to recover possession of any furnished unit leased or rented for seasonal use in any premises of five or fewer units, the court having jurisdiction shall issue a warrant for removal within 2 days from judgment for possession. Such a warrant for removal may be stayed only upon consent by the landlord. For the purposes of this act “seasonal use” means use for a term of not more than 125 consecutive days for residential purposes by a person having a permanent place of residence elsewhere. “Seasonal use” does not mean use as living quarters for seasonal, temporary or migrant farm workers in connection with any work or place where work is being performed. The landlord shall have the burden of proving that the use of the unit is seasonal. L.1979, c. 392, s. 2, eff. Feb. 6, 1980.

 

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