A Common Misconception About Residential Evictions in New Jersey

A common misconception relating to residential evictions in New Jersey is the belief that if a tenant is a month-to-month tenant, they can be evicted simply with 30 days’ notice. This is generally not the case.

The "Good Cause" Requirement

Unless the tenancy is in an owner-occupied building with no more than two rental units (not including the landlord’s unit), a tenant cannot be evicted except for “good cause” or “fault” on the part of the tenant. These grounds are specifically defined in the New Jersey statute N.J.S.A. 2A:18-61.1. This protection applies whether the tenant has a written lease for a specific term or is a tenant without a written lease, often called a “month-to-month” tenant.

There are seventeen (17) distinct grounds for eviction listed in the statute, under subsections “a.” through “q.”

Common Grounds for Eviction

The most frequent ground for eviction is the non-payment of rent. However, other valid reasons for eviction include:

• Disorderly conduct
• Non-monetary violations of the lease agreement
• Habitual late payment of rent
• Failure to accept reasonable changes to the lease

The Critical Importance of Proper Notice

Except for non-payment of rent, a landlord must provide the tenant with specific legal notices before they can file for eviction. The notice requirements are strict and vary depending on the grounds for eviction. They must be specific and strictly complied with before filing a summary dispossess action to remove the tenant.

For some grounds, the landlord must serve the tenant with both a “Notice to Cease” (a warning to stop the violating behavior) and a “Notice to Quit” (a formal notice to vacate the premises) before an action for possession can be filed. Many eviction complaints have been dismissed by the court simply due to the landlord's failure to provide the proper notices or a failure to attach those notices to the complaint for possession.

Therefore, a careful review of the relevant statutory sections is critical before attempting to evict a residential tenant in New Jersey. Failure to follow the precise legal procedures can result in costly delays and the dismissal of your case.