NEw Jersey Eviction Notice
New Jersey Evictions

Tenant Screening | Join RentLaw.com

 
Features

State Laws

Normal Wear Tear
EVICTIONS
Security Deposit
Breaking a Lease

Tenant Screening
Landlord Tenant Forms
Landlord Tenant Statutes
Mold Guide
Section 8
Housing Vouchers

RENTERS INSURANCE
HUD - Housing & Urban Development
Rent Collection
LATE RENT FEES
Credit Reports
Small Claims Courts
Sublet
Rent Control
Landlord Books
Lead Paint Guide
Military Lease Clause
Foreclosures
Bankruptcy
Credit Center

Free Legal Forms
Apartment Ratings
Moving Guides 
Apartment Search
Rent or Buy
Home Inspection
Tax Deductions
Lawyer Search
Home Loans - Bad Credit
Commercial Real Estate
Property Management

Commercial Introduction

Commercial Real Estate Terms

1031 Exchange

Limited Liability Co
Real Estate Trusts
Real Estate School
Contact Rentlaw.com
RentLaw on Linkedin

New Jersey NOTICE TO CEASE  Where a Notice to Cease is required, it should include as much detail as possible. This serves the dual purpose of putting the tenant on notice of a statutory / lease violation and allows the tenant an opportunity to "cure" the alleged violation. If the tenant ends the described wrongful conduct, a landlord may not proceed to terminate the tenancy. It is, in effect, a warning notice. By statute, the notice must be served upon the tenant or person in possession either personally at the rented unit, or by leaving it at "his usual place of living with a member of his family above the age of 14 or by certified mail; if the certified letter is not claimed, notice shall be sent by regular mail."

We suggest that you notice the tenant each method:

  •  The notice should be hand delivered to the unit of eviction
  •  Send Copies certified mail return receipt requested
  •  Regular mail - always send notices regular mail as well

 In addition, the person making the personal delivery should fill out a simple "Certification of Service" form (copy follows) for the file in the event of trial. 

The worst thing that can happen to a landlord's case on the day of trial is to get "shot down" for failure to notice. If the notices are not correct (legally sufficient) or not properly served, the court must dismiss the landlord's case. A defective notice or defective service is a jurisdictional defect. If a defect exists, the court must dismiss a plaintiff's case. 

It is important to stress that the acts complained of must be explained clearly and in detail. N.J.S.A. 2A:18-61.2 says, "The notice in each of the foregoing instances shall specify in detail the cause of the termination of the tenancy…" The notice may not contain conflicting information.

NOTICE TO QUIT 

A Notice to Quit terminates the tenancy. If the tenant fails to cease the acts complained of in the Notice to Cease, after a reasonable period of time to cure has elapsed, or the statute does not require a cease notice, a landlord may serve a Notice to Quit for the statutory violation. Many landlords are under the mistaken impression that they must wait 30 days after serving a Notice to Cease before serving a Notice to Quit. Wrong. All that must elapse is a "reasonable" period of time and what is reasonable has to be determined on a case by case basis. I am unaware of any case where a landlords claim was dismissed due to service of a Notice to Quit too soon after the service of a Cease. You will see on the following form that the Notice to Quit also contains a paragraph called "Demand for Possession." A written demand for possession is required in all cases except for nonpayment of rent. If this language is lacking, the court will lack jurisdiction to hear the case. A Notice to Quit is generally served in the same manner as the Notice to Cease. 

 
NON-PAYMENT OF RENT

If a tenant fails to pay "rent" when due, a landlord may begin a summary proceeding to regain possession of the premises. A landlord is under no obligation to wait for rent, accept payments late, or accept rent in installments. However, if on the "return day" (day of court) the tenant appears and is prepared to pay all "rent" which is due, the landlord must accept the tender and dismiss the case. N.J.S.A. 2A:18-55 provides:

N.J.S.A. 2A:18-55. Discontinuance upon payment into court of rent in arrears; receipt

If, in actions instituted under paragraph "b" of section 2A:18-53 of this title, the tenant or person in possession of the demised premises shall at any time on or before entry of final judgment, pay to the clerk of the court the rent claimed to be in default, together with the accrued costs of the proceedings, all proceedings shall be stopped. The receipt of the clerk shall be evidence of such payment. The clerk shall forthwith pay all moneys so received to the landlord, his agent or assigns.

Like almost any rule, there is an exception to the "no notice rule" for non-payment of rent cases. When filing a non-payment of rent case against tenants receiving (1) social security old age pensions, (2) railroad retirement pensions and (3) other government pensions, these tenants are afforded a 5 day grace period to pay their rent, presumably because their checks are sent to them on or about the first day of each month. (copy of the statute appears supra.) Likewise, tenants who participate in a HUD subsidy program are entitled to the additional protection of federal laws that require a written notice be served upon the tenant prior to the filing of any action for eviction.

Also see: The New Jersey Landlord Registration Act Important in Evictions

Disclaimer: Eviction Laws in your state may change and there may be times when information on this web site may not be current. This information is provided for general informational purposes only and is not intended as legal advice. This website is not a substitute for advice from an attorney. ADDITIONAL LAWS MAY APPLY IN YOUR JURISDICTION. FIND EVICTION LAWYERS IN YOUR STATE

TENANT SCREENING
Learn about Tenant Screening with RentLaw.com.
 See our Tenant Screening Guide


rentlaw.mysmartmove.com

 

Evictions

Renters Insurance
Apartment Condo Home
Details
 


 

RENTLAW.com

TENANT SCREEENING

GET YOUR TENANT CREDIT REPORTS
 

FREE SETUP
No Inspection

Criminal & Credit Report, Sex Offender and more

Tenant Screening RentLaw.com