Heymann & Fletcher
August 10, 2022

New Jersey Eviction Law

Practice Area: Civil Litigation | Tag: Legal Advice

Eviction Law in New Jersey is one that favors the tenant over the landlord. It can be difficult to evict a tenant and if not done properly the eviction can be considered invalid. Here are five things you need to know regarding eviction rules in New Jersey.

  1. Options for Eviction
    Eviction doesn't happen in a void. In New Jersey, landlords have specific reasons for which a tenant can be evicted. Those reasons must be clearly documented and include:
  • Failure to pay rent
  • Disorderly conduct
  • Violating the terms of the lease agreement
  • Building being demolished
  • Damaging the property
  • Paying late regularly
  1. Working It Out

It is worth it to attempt to work things out with the tenant rather than try to force an eviction. The reason for this being that legally evicted someone through the court system in New Jersey can be a long and arduous process. It is often easier to come to terms outside of taking legal action.

  1. Expired Lease

In regards to month-to-month tenancies the landlord has to notify the tenant in writing one month prior. In fixed term leases the tenant is required to leave when the lease expires but if they do not you can end up with a “holdover” tenant. In this case the landlord can increase the rent, in some cases up to 3 times the original rent, in order to have the tenant move out.

  1. Eviction Timeline

The length of time it can take to evict a tenant varies greatly depending on the reason for eviction. Not only that, but the actual eviction proceeding will then follow, adding more time to the process. The timeframe required for notice of eviction in New Jersey ranges from three days to three years!

  1. “Good Cause”

Ultimately a landlord has to have one of 17 reasons that are considered appropriate for eviction. Although there are discrepancies in timeframe, one of these 17 reasons will allow a landlord to evict a tenant provided they have filled out the paperwork correctly and correctly followed every step of the procedure.

While eviction rules in New Jersey are not landlord friendly, it is possible to evict tenants if the process is done correctly. If you are a meticulous landlord with strong rental agreements created by an attorney you may even be able to avoid the entire eviction process.