A well-prepared and legally compliant New Jersey eviction notice is the first step to a successful eviction. Create a printable notice free today with step-by-step help and personalized templates.
Last Update July 21st, 2021
Eviction Notice Types
A legal eviction in New Jersey can only be made for a number of legally acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state.
Not using the correct legal document, in this case, can lead to delays or even legal dismissal of the eviction, so it is important to choose the right type.
3-Day Notice to Quit
You can serve a 3-Day Notice to Quit for tenants who have committed disorderly conduct, threatening behavior towards the landlord or fellow residents, or destruction of property.
This is an unconditional notice that cannot be cured. Once served, the tenant named on the document must leave the premises within 72 hours.
30-Day Notice to Quit
Tenants who repeatedly fail to pay rent on time or comply with the terms of their lease agreement can be given a 30-Day Notice to Quit if they fail to comply with a previously issued Notice to Cease. This informs the tenant that their rental contract has been terminated and that they must leave within the given time.
New Jersey Eviction Laws
Your New Jersey eviction notice must follow the state’s rental property laws, in order to be valid. There are a number of important requirements that are obligatory when proceeding with the eviction of a rental tenant.
An eviction in NJ may only happen in the case of:
Nonpayment of rent: 30 days’ notice
Lease violations: 30 days’ notice
Termination of a lease: 30 days’ notice
Disorderly conduct: 3 days’ notice
Damage to property: 3 days’ notice
Criminal activity: 3 days’ notice
The eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the tenant has to comply.
NJ Eviction Process
The NJ eviction process must be followed precisely to ensure that the tenant is legally removed from the property. Therefore the landlord must take the correct steps and follow the right procedures, as detailed by New Jersey’s state law. To correctly complete an eviction in Jersey, the landlord must do the following:
Step 1: Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
Step 2: If the tenant does not comply with the eviction notice the landlord can file a complaint with a local court and a summons will be served.
Step 3: The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.
Step 4: If the judge finds in the landlord’s favor and the tenant still refuses to vacate, the owner may process a Judgment of Possession with the court clerk.
Step 5: When the Judgment of Possession has been processed the landlord may file the document with the county sheriff. The tenant will then have 72 hours to leave before being forcibly evicted.
FAQs About New Jersey Eviction Notices
Before starting your eviction notice for real, it is a good idea to understand the ins and outs of these important legal documents properly. Read more about New Jersey’s eviction notices in our FAQs below and learn how to use them effectively.
How Long Does it Take to Evict a Tenant in New Jersey?
In many cases, a New Jersey eviction can be completed almost immediately. Once the eviction notice is served, the tenant will have between 3 - 30 days to vacate. If they comply, then the process will be over as soon as the notice period ends.
However, serving the eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate, eviction procedures can take somewhat longer. To go through the court process can take up to 6 months depending on how busy the district or housing court system is at the time.
How to File an Eviction in New Jersey?
If a tenant doesn’t comply after being served with a legally valid New Jersey eviction notice it will be necessary to file a legal case against them. To do this the landlord will need to visit their local courthouse and file the case with the clerk of the court and provide the following evidence:
A copy of the lease agreement
The eviction notice that has been served (including proof of service)
Proof of the violation such as photographs, police reports, or receipts
Any witnessing parties to the violations
How Much Does It Cost to Evict Someone?
How much evicting a tenant costs will depend on how long the removal process lasts. If you serve the New Jersey eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $500 not including potentially lost rent).
However, if the tenant refuses to leave the property this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process and take the case to court, you could pay as much as $3,500 for the privilege.