Fillable New Jersey Eviction Notice Forms | Notice to Quit | PDF
In New Jersey, a property owner cannot evict a tenant unless a court approves the eviction. Some types of evictions, however, do not require owners to notify tenants before filing the action. It is recommended to follow all requirements as per State law in order to ensure the eviction is carried out legally.
For most types of evictions, landlords must give the tenant notice that he or she will be evicted. This includes 30-day notices for a breach of a rule in the lease, such as having a pet, and in evictions based on the tenant being habitually late with rent. For destruction of property or disorderly conduct, the owner must give the three (3) day notice.
If the tenant has failed to pay rent altogether, however, the owner may seek an eviction without giving any notice.
- 2. Landlord/Tenant Complaint
If the tenant does not stop the offending behavior or move, the owner may file a Landlord/Tenant Complaint at the court in the county where the premises are. You must give the court the correct names and addresses of the tenants so the court will properly serve the Complaint to them. There is a $25 filing fee for each defendant named. The Complaint must also state the reasons for the evictions. The tenant does not need to file an answer, but he or she must go to the hearing that will be scheduled 10 days or more after the tenant receives service of these documents.
Landlords and tenants should bring any supporting evidence to the hearing. For example, owners should bring records of dishonored checks, or any witnesses to testify that the tenant has broken lease rules. You should bring copies of the lease as well. The case will be dismissed if the judge rules in favor of the tenant. If the judge rules for the landlord, he or she will issue a Judgment for Possession. This allows the landlord to obtain a Warrant for Possession after three days, which in turn the landlord may file with court officers, who will serve it on the tenant. After service, tenants have three days to vacate before the officers remove them forcibly.
If the eviction is for failure to pay rent, tenants can avoid the eviction by paying all rent due plus court costs up to the time of the hearing.
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