In New Jersey, landlords have the option of evicting a tenant who is late on their rent. This is how.
The most prevalent cause for eviction is failure to pay rent. In New Jersey, a landlord may initiate eviction proceedings as soon as a tenant fails to pay rent on time.
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Rent Payment Due Dates in New Jersey
Unless otherwise specified in the lease, rent is normally due on the first day of each month, even if that day falls on a weekend or holiday. A landlord is not compelled to provide a grace period to a tenant, and if the tenant fails to pay rent on the due date, the landlord may initiate the eviction procedure the next day.
It is crucial to remember that although the landlord and tenant might agree on various conditions, the terms must be written down in the lease. If the first of the month comes on a weekend or holiday, the landlord might agree that rent is due the following business day. The landlord might potentially agree to extend the grace period before collecting a late charge or initiating the eviction procedure. Whatever the arrangement, both the landlord and the tenant are expected to obey the lease conditions.
If a tenant fails to pay rent, the landlord has many options.
In most situations, the landlord may initiate an eviction action with the court as soon as the tenant fails to pay rent on time. The landlord is not obligated to provide any form of notice to the tenant prior to initiating the case (see New Jersey Stat. Ann. 2A:18-61.2).
However, if the tenant pays rent late on a regular basis and the landlord accepts the late payments, the landlord must offer the tenant a 30-day warning to desist before proceeding for eviction. The notification must say that if the tenant fails to pay rent on time again, the landlord will initiate eviction procedures (see New Jersey Stat. Ann. 2A:18-61.2(b)).
If the landlord is obligated to utilize a termination notice, the notification must be in writing and contain the following information:
The date the notice was served on the tenant(s) the tenant(s)’ name(s) and address(es) the cause for the notice (that the tenant has habitually paid rent late)
a declaration that if the tenant fails to pay rent on time again, the landlord will initiate eviction proceedings against the tenant, and a proof of service detailing how the notice was delivered to the tenant.
If feasible, the landlord or the landlord’s agent must offer the renter or a member of the tenant’s family above the age of 14 the notice to terminate. If the tenant or another family member over the age of 14 cannot be located, the landlord may post the notice on the rental unit’s front door or in another visible location (see New Jersey Stat. Ann. 2A:18-54).
If the tenant fails to pay the rent on time after receiving the notice to cease, the landlord may immediately initiate eviction proceedings against the renter.
Attending Court
To evict a tenant, a landlord must first get a court order. The landlord must submit a complaint with the Special Civil Part Clerk’s Office in the county where the rental unit is situated. A hearing will be scheduled, and the tenant will be given a copy of the documentation that has been filed. At the hearing, the judge will hear from both the landlord and the tenant before deciding whether or not the eviction should take place. If the court decides that the eviction should take place, the judge will issue a judgment for possession to the landlord. This possession decision gives a court official the power to remove the tenant and his or her things from the rented unit.
Unlawful Evictions
It is unlawful for a landlord to try to evict a tenant from a rental property in any other method, such as changing the locks or turning off the utilities. This is known as a “self-help” eviction, and it is prohibited under New Jersey law (see New Jersey Stat. Ann. 2A:39-1).
Additional New Jersey Resources for Landlord-Tenant Relationships
For further information about evicting a tenant in New Jersey, see the New Jersey Department of Community Affairs’ Grounds for an Eviction Bulletin. The New Jersey Courts’ pamphlet Information for Landlords contains important information on going to court and what to expect during the hearing. The self-help area on the New Jersey court website also has a landlord and tenant FAQ.