The New Jersey
Eviction statute may require that one or more
notices be served upon the tenant prior to
proceeding with court action. With the exception of
a tenant's non-payment of rent, or failure to pay
rent after a reasonable increase (which requires a
separate notice unto itself), a landlord is required
to serve notice upon a tenant prior to the
institution of court action. N.J.S.A.
2A:18-61.2 provides the notice requirements.
NJSA 2A:18-61.2.
Removal of residential tenants; required notice;
contents; service
No judgment of possession shall be entered for any
premises covered by section 2 of this act,
(2A:18-61.1) except in the nonpayment of rent under
subsection a. or f. of section 2, unless the
landlord has made written demand and given written
notice for delivery of possession of the premises.
The following notice shall be required:
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a. For an action alleging disorderly conduct under
subsection b. of section 2, or injury to the
premises under subsection c. of section 2, or any
grounds under subsection m., n., o. or p. of section
2, three days' notice prior to
the institution of the action for possession;
b. For an action alleging continued violation of
rules and regulations under subsection d. of section
2, or substantial breach of covenant under
subsection e. of section 2, or habitual failure to
pay rent, one month's notice
prior to the institution of the action for
possession; (Like rowdy tenants, college rentals)
c. For an action alleging any grounds under
subsection g. of section 2, three
months' notice prior to the institution of
the action; |
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d. For an action alleging permanent retirement under
subsection h. of section 2, 18 months' notice prior
to the institution of the action and, provided that,
where there is a lease in effect, no action may be
instituted until the lease expires; |
e. For an action alleging refusal of acceptance of
reasonable lease changes under subsection i. of
section 2, one month's notice
prior to institution of action;
f. For an action alleging any grounds under
subsection l. of section 2, two months' notice prior
to the institution of the action and, provided that
where there is a written lease in effect no action
shall be instituted until the lease expires;
g. For an action alleging any grounds under
subsection k. of section 2, three years' notice
prior to the institution of action, and provided
that where there is a written lease in effect, no
action shall be instituted until the lease expires.
h. PUBLIC HOUSING under the control of a public
housing authority or redevelopment agency, for an
action alleging substantial breach of contract under
paragraph (2) of subsection e. of section 2, the
period of notice required prior to the institution
of an action for possession shall be in accordance
with federal regulations.
The notice in each of the foregoing instances shall
specify in detail the cause of the termination of
the tenancy and shall be served either personally
upon the tenant or lessee or such person in
possession by giving him a copy, or by leaving a
copy at their usual place of living with a member of
the family over the age of 14, or by certified mail;
if the certified letter is not claimed, notice shall
be sent by regular mail. (Suggest both methods of
mailing).
See Page 2 of New Jersey Evictions - Notices
or The
New Jersey Landlord Registration Act
Important in Evictions.
Other sources of
Landlord Tenant Law include:
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