How does the NJ eviction process for non payment of rent work? In New Jersey, landlords can evict a tenant once rent is 5 days past due. Self-help evictions are illegal in New Jersey. A tenant can only be removed with a court order.
Understanding The NJ Eviction Process For Non Payment Of Rent 2024
To evict a tenant for non payment of rent in New Jersey, landlords must follow these steps:
- Allow 5 days’ grace after the rent due date
- Issue a notice to quit
- File a complaint with the court
- Receive Judgement for Possession
- Request Warrant of Removal
- Schedule and attend lockout
- Give the tenant 33 days to retrieve possessions
Step 1. Allow 5 Days Grace
While rent is considered late 1 day after the due date, landlords must give tenants a grace period of 5 business days during which no further action can be taken. The 6th business day is the earliest a notice to quit can be issued.
Landlords can’t charge late fees during the grace period. If the tenant pays the rent before the end of the grace period, the eviction can’t take place.
Step 2. Issue A Notice To Quit
The notice to quit tells the tenant their lease is terminated and they must leave the property.
After issuing this eviction notice, in NJ landlords can file an eviction lawsuit immediately. There’s no requirement to wait until a specific number of days have passed.
However, when a tenant has made habitually late rent payments in the past, 30 days’ notice to quit must be given before filing the eviction lawsuit.
The notice to quit must include:
- Date the notice is served
- Names of all tenants and occupants
- Property address
- The lease violation (non payment of rent)
- Amount of rent due
- Notification the lease is terminated
- Date and time tenant must vacate the residence
- Notification that a lawsuit may be filed if the property isn’t vacated
- Name and signature of the person serving notice to quit
At this stage, the tenant can stop the eviction by paying the overdue rent.
3. File Eviction Complaint With The Court
In New Jersey, eviction lawsuits are filed with the landlord-tenant section of the Superior Court’s Special Civil Part.
After the complaint has been filed, the court will issue a Summons and Complaint and set a date for a hearing. The hearing is usually 10 to 30 days after the Summons and Complaint has been issued.
The court can serve the Summons and Complaint on the tenant in several ways:
- Sending by certified and regular mail
- Having an officer of the court deliver the summons to the tenant
- Leaving the summons with another person living at the residence (over 14 years old)
- Posting the summons on the door
If the tenant offers to pay all rent owed, the landlord must accept the payment and discontinue the eviction.
4. Receive Judgement For Possession
The landlord must attend the eviction hearing and present evidence of the rent due. If the landlord doesn’t attend the hearing the case will be dismissed.
If the tenant doesn’t attend the hearing to contest the eviction the landlord will receive a default judgment.
Once the Judgment for Possession is ordered, the tenant has 3 business days to pay the rent and stop the eviction.
5. Request Warrant of Removal
If, after 3 business days, the rent has not been paid, the landlord requests a Warrant of Removal.
Even at this stage, the tenant has 3 days to pay the rent due or move out.
6. Schedule & Attend Lockout
If the rent isn’t paid and the tenant doesn’t move out, the landlord schedules a lockout with officers from the Court’s Special Civil Part who will remove the tenant/s from the property.
The landlord must be present at the lockout and arrange for a locksmith to change the locks.
7. Give Tenant 33 Days To Remove Possessions
The landlord must store any possessions left behind for 33 days. Storage is at the tenant’s expense.
How To Evict A Family Member In New Jersey
The NJ eviction laws for evicting a family member are different from the laws covering landlords and tenants. To remove a family member, you’ll use a process called Ejectment.
Ejectment is similar to the eviction process outlined above, but Ejectment is used where there is no landlord-tenant relationship.
If you have a written or oral lease agreement with your family member, you must use the eviction process instead.
To start an ejectment proceeding, you’ll first issue your relative with a notice to vacate. If your relative doesn’t comply with the notice, you’ll need to file an Ejectment lawsuit and serve court documents on your relative.
At the Ejectment hearing, you’ll show evidence of your ownership or authority over the property, proof that the notice to vacate was issued and ignored, and proof that no landlord-tenant relationship exists.
If the judge is satisfied with your evidence, they’ll issue an Order of Possession which instructs the family member to leave your property in a timely manner.
If the family member fails to leave, the court issues a Writ of Possession which authorizes the county sheriff to remove them.
See Also:
- Evicting a family member with no lease in Illinois
- How to Evict A Family Member Who Doesn’t Pay Rent
- How Wisconsin Eviction Laws Without Lease Works
Alex Graham is a co-founder and manages high-quality content that helps once evicted/ex-felons find a place to call. home. Alex believes even if he can help one person return to a good, wholesome life it is well worth the effort.