Eviction Process In New Jersey

Evicting a tenant in New Jersey means following Summary Dispossess action (Landlord/Tenant Complaint for Possession) in Special Civil Part, Law Division, Superior Court of New Jersey exactly, start to finish. Skipping a step, whether it's the notice period, how the tenant is served, or the lockout procedure, can restart the clock or expose a management company to liability. This guide walks through each step with the statute or court rule behind it.

Everything below is sourced to New Jersey's own statutes and court self-help pages. Specific deadlines and dollar figures do change, so confirm the current text before you rely on a date in a live case.

Overview Of The Eviction Process

New Jersey's eviction proceeding is a summary dispossess action initiated by a Landlord/Tenant Complaint, filed in the Special Civil Part of the Superior Court, and governed principally by the Anti-Eviction Act.

• The proceeding is a "Landlord/Tenant complaint," filed in the Special Civil Part of Superior Court in the county where the rental property is located. (N.J.S.A. 2A:18-53 et seq.)
• New Jersey's Anti-Eviction Act requires landlords to prove one of the statutorily enumerated "good cause" grounds before removing a residential tenant, rather than allowing non-renewal for any reason. (N.J.S.A. 2A:18-61.1)

Lawful Grounds For Eviction

N.J.S.A. 2A:18-61.1 lists the exclusive statutory grounds on which most residential tenants may be removed; grounds not on the list are not permitted.

• A tenant may be removed for failure to pay rent due and owing under an oral or written lease. (N.J.S.A. 2A:18-61.1(a))
• A tenant may be removed where, after written notice to cease, the tenant has habitually and without legal justification failed to pay rent that is due and owing. (N.J.S.A. 2A:18-61.1(j))
• An owner may remove a tenant where the owner seeks to permanently retire the residential building or mobile home park from residential use. (N.J.S.A. 2A:18-61.1(h))
• A tenant may be removed where the landlord/owner is converting the building from the rental market to a condominium, cooperative, or fee-simple ownership. (N.J.S.A. 2A:18-61.1(k))

Notice Requirements

N.J.S.A. 2A:18-61.2 sets different pre-filing notice periods depending on the statutory ground, ranging from 3 days to 18 months.

• For disorderly conduct, injury to the premises, or the grounds in subsections m, n, o, p, q, or r, only 3 days' notice is required before the action for possession may be instituted. (N.J.S.A. 2A:18-61.2)
• For continued violation of rules and regulations, substantial breach of a covenant, or habitual failure to pay rent, one month's notice is required before institution of the action. (N.J.S.A. 2A:18-61.2)
• For the ground in subsection g, 3 months' notice is required before institution of the action. (N.J.S.A. 2A:18-61.2)
• For permanent retirement of the building from residential use (subsection h), 18 months' notice is required, and if a lease is in effect no action may be instituted until the lease expires. (N.J.S.A. 2A:18-61.2)

Filing The Case

The landlord files a Verified Complaint and Tenancy Summons with the Special Civil Part clerk in the county where the property is located, using official appendix forms.

• Complaints are filed with the Special Civil Part Clerk's office in the county where the rental property is located, using the Verified Complaint (Appendix XI-X) and Tenancy Summons and Return of Service (Appendix XI-B). (R. 6:3-4)
• For non-payment cases, complaints must include copies of all notices sent to the tenant, and for federally subsidized public housing, the landlord must notify the Public Housing Authority on or before filing. (N.J. Court Rules, Special Civil Part landlord-tenant practice)

Serving The Tenant

A Special Civil Part Officer serves the summons and complaint, and the trial date must be set at least 21 days after service.

• The Special Civil Part Officer serves the summons and complaint on the tenant, and the trial date must be "at least 21 days from date of service of the summons." (R. 6:3-4)

The Tenant's Response

Tenants are not required to file a written answer but must appear at trial, and may voluntarily file a Tenant Case Information Statement.

• Tenants need not file a written answer but must appear in court on the trial date; they should file the Tenant Case Information Statement (Form 12778) as soon as possible. (N.J. Court Rules, Special Civil Part landlord-tenant practice)

Hearing And Judgment

Trial occurs at least 21 days after service of the summons; a judgment for the landlord results in a judgment for possession.

• Trial occurs at least 21 days after service of the summons and complaint. (R. 6:3-4)
• If the landlord prevails, the court issues a judgment for possession, which allows the landlord, within specific time limits, to have the tenant removed from the property. (N.J.S.A. 2A:18-57)

The Writ And Lockout

After judgment, the landlord requests a warrant of removal, which cannot issue for at least 3 business days and gives residential tenants a further 3 business days to vacate once served.

• The warrant of removal cannot be issued to a Special Civil Part Officer until the expiration of 3 business days after the judgment for possession is entered. (N.J.S.A. 2A:42-10.1)
• The landlord must apply for the warrant within 30 days of the judgment for possession, unless the judgment is stayed by court order or written agreement of the parties. (N.J. Court Rules, Special Civil Part landlord-tenant practice)
• A Special Civil Part Officer must give residential tenants at least 3 business days, excluding weekends, holidays, and the service date, to move all persons and belongings from the property after the warrant is served; commercial tenants receive no advance notice. (N.J.S.A. 2A:42-10.1)
• A tenant can be restored to the rental unit if all rent and costs due and owing are paid up to 3 business days after the eviction. (N.J.S.A. 2A:42-10.1)
• If tenants vacate but leave belongings behind, landlords must follow New Jersey's Tenant's Abandoned Property statute to dispose of the property. (N.J.S.A. 2A:18-72 et seq.)

Prohibited Practices

Self-help eviction is illegal in New Jersey; only a Special Civil Part Officer may physically remove a tenant, and lockouts or utility shutoffs without a judgment are unlawful.

• Landlords cannot evict tenants by themselves; only Special Civil Part officers are authorized to evict tenants, and the landlord must first obtain a judgment for possession. (N.J. Court Rules, Special Civil Part landlord-tenant practice)
• It is illegal for a landlord to force a tenant out by changing the locks, padlocking the doors, or shutting off gas, water, or electricity without a judgment for possession; doing so is an illegal lockout. (N.J. Court Rules, Special Civil Part landlord-tenant practice)

Eviction is the last step in a relationship that's already gone wrong. See our guide to New Jersey property management laws and regulations for the licensing, disclosure, and trust-account rules that apply before it gets to this point.

Doing It By The Book

Self-help evictions, changing locks, removing doors, shutting off utilities, are illegal in every state and expose a management company to real liability regardless of how clear the nonpayment is. The court process exists because it's the only lawful way to remove a tenant, and skipping a step (a defective notice, bad service) is the single most common reason a case gets dismissed and restarted from day one.

This guide is a starting point for professional managers, not legal advice. For a specific case, a contested filing, or anything unusual, work with a New Jersey attorney, and confirm the current text of any rule cited above with Special Civil Part, Law Division, Superior Court of New Jersey or the New Jersey legislature.

Sources

Every fact above is drawn from one of the official sources below.

• N.J.S.A. 2A:18-53 et seq., New Jersey Courts, Landlord/Tenant self-help page
• N.J.S.A. 2A:18-61.1, New Jersey Legislature, statute database, N.J.S.A. 2A:18-61.1
• N.J.S.A. 2A:18-61.2, New Jersey Legislature, statute database, N.J.S.A. 2A:18-61.2
• N.J.S.A. 2A:18-57, New Jersey Courts, FAQ - What Happens If the Landlord Obtains a Judgment for Possession