How to Evict a Tenant in New Jersey

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Every state has its own laws on tenant rights and eviction proceedings, and New Jersey is no exception. Specific procedures can also vary, depending on specific circumstances. For example, in some cases, a tenant must be given notice of termination of a lease, while in other cases, they don’t. This article will explain in detail the procedures that landlords must follow.

Notice of immediate eviction  

To terminate a lease or renters agreement early in New Jersey, you must have legal cause to evict. Usually, the reason is because a renter fails to pay the rent or violates the rental agreement in some way. In most cases, landlords are required to give the renter notice, but there are some cases in which they don’t. For example, you are not required to give notice if the eviction is because of the failure to pay rent. However, if you regularly accept late rent from the tenant, it might change your legal requirements to give notice. But if you haven’t accepted late rent, you can file an eviction lawsuit and immediately sever the lease.

Three days’ notice of eviction

In some situations, a landlord can give tenants a three days’ notice to cease a certain behavior that violates the agreement. For example, three days’ notice may be given to cease behaviors considered disorderly conduct or that cause destruction of property. They may also be given notice to stop illegal drug use. In these cases, you may give them three days to stop the activity before you file for eviction. It’s also a good idea to maintain apartment building insurance in New Jersey to help you recover expenses from these types of incidents.

30 days’ notice of eviction 

In some cases, a landlord may give 30 days’ notice to discontinue repeated offenses. For example, if you have repeatedly accepted late rent from a tenant but have now decided to file  for eviction, you can give the tenant 30 days to start paying the rent on time before you go to court.

Eviction without cause

A landlord cannot evict a tenant without cause who has signed a lease or renters agreement. You can, however, choose not to renew a lease. If it is a month-to-month lease, you may give a 30-day written notice that you will be ending the lease. If it is a fixed-term lease, the tenant can be expected to move out at the end of the lease. If you have not renewed the lease and the tenant refuses to move, you can then file for eviction.

Eviction process 

Once an eviction has been filed, it becomes a court case that the tenant has the right to contest. Tenants typically do not win these types of suits, however, unless it is found that they are being wrongfully evicted. Once a landlord wins the lawsuit, law enforcement officials are then responsible for removing the tenant from the property. If landlords try to remove tenants themselves, it is considered illegal, and the tenants may press charges. It’s also illegal for a landlord to dispose of a tenants’ property left behind without giving them written notice. The tenant then has 33 days to collect the property before the landlord can dispose of it.

Most of these situations can be avoided with thorough background checks through places that do a tenant screening report free. It’s not enough to know when you have the right to evict your tenants. Landlords also need to stay informed about tenant rights to make sure they are doing everything legally. Going to court to evict someone may be something you end up having to do if you own rental property, but making sure you are following the rules will keep you out of lawsuits that will harm your reputation and leave you with unnecessary costs.

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