The New Jersey eviction process can be complicated, and even experienced landlords may make expensive errors. From posting the wrong notice to failing to appear in court on time, these mistakes can prolong the eviction process in New Jersey and cause additional problems.

Knowing the pitfalls of the eviction process can help landlords avoid legal obstacles and costly delays. This guide covers the most common errors in New Jersey eviction cases and provides tips to help prevent them.

How is the eviction process in New Jersey?

The New Jersey eviction process begins with the service of a formal 3-day NJ eviction notice, followed by the filing of a complaint in landlord-tenant court. It concludes when a Warrant of Removal in New Jersey is signed and issued.

• The first stage of the eviction process in New Jersey is serving a Notice to Quit NJ due to nonpayment of rent NJ or lease violations.

• If the tenant does not respond within that time, the landlord can then file a complaint in court.

• The process in the NJ landlord-tenant court involves a hearing in which both sides present their cases.

• The landlord can file for a Judgment of Possession in NJ when they win. At this point, the tenant will be forced to leave because a Warrant of Removal will be served on them in New Jersey.

What is the eviction process in New Jersey?

Under normal conditions, the eviction process in New Jersey takes an average of 3 weeks to a month, depending on factors such as the court’s availability and whether the tenant doesn’t contest the case.

The NJ eviction process generally consists of three main stages:

• 3 to 30-day notice period: The landlord must wait for the tenant’s response to the Notice to Quit NJ, which ranges from 3 to 30 days, depending on the cause of eviction.

• Court Hearing: Once the notice has expired, the landlord takes a complaint to court. The hearing is usually held in 1 or 2 weeks.

• Judgment and Warrant Entered: If the judge sides with your landlord, a Judgment of Possession NJ will be entered. We have heard this called many names, but it is essentially the final warning before they issue what is known as a Warrant of Removal in New Jersey.

What are the reasons for eviction in New Jersey?

Good reasons for eviction in New Jersey include nonpayment of rent, lease violations, and criminal activity on the property.

A landlord may evict a tenant in New Jersey for the following reasons:

• Nonpayment of Rent NJ: If a tenant fails to pay rent, they are served with a Notice to Quit NJ, giving them time to pay or vacate.

• Breaking the Lease: If a tenant violates lease terms, such as having pets or damaging property, eviction proceedings can proceed.

• Illegal Conduct: Any criminal behaviour, such as illicit drug use or any other unlawful activity, can be a reason for eviction under New Jersey eviction laws.

The New Jersey Anti-Eviction Act summary provides tenant protections and prohibits eviction except for good cause.

Can a landlord evict you without going to court in New Jersey?

No, a landlord cannot remove/re-possess the rental premises from a tenant in NJ without going through the New Jersey landlord-tenant court eviction process, which requires a court judgment.

Self-Help Eviction in New Jersey

• Most people are aware of what a “self-help” eviction is – where the landlord tries to force the tenant out either physically or simply by cutting off water or paying one cent less than what’s due.

• The landlord must go through a legal process, such as filing for an eviction in court, regardless of whether the tenant has violated a lease obligation, such as paying rent.

• The court will assess whether the grounds for eviction in New Jersey are eligible before issuing a Judgment of Possession NJ and directing the issuance of a Warrant of Removal NJ.

What is “good cause” for eviction pursuant to NJ law?

In New Jersey, “good cause” for eviction generally refers to nonpayment of rent, lease violation, or committing illegal acts on the premises.

Good cause for eviction, under the New Jersey Anti-Eviction Act, includes circumstances such as:

• Nonpayment of Rent NJ (Statute 2A:18-53): If a tenant fails to pay rent within the time required by the lease, the tenant may be evicted.

• Breach of Lease: A tenant who has damaged property, allowed unauthorised persons to live in the premises, or otherwise violated the terms of the lease can be evicted for good cause.

• Criminal Conduct: If a tenant engages in criminal activity within the unit (e.g., drug use, theft), New Jersey eviction laws may support an immediate eviction.

What kind of eviction notice is used in New Jersey?

The Notice to Quit NJ and the Notice to Cease NJ are common eviction notices in New Jersey.

Notice to Quit NJ

• This notice is generally issued when a tenant refuses to pay rent and orders the tenant to pay or leave within a specified time.

Notice to Cease NJ

• This notice is for when the tenant breaches other terms of the lease, such as damaging the property or disturbing neighbours.

Service of an NJ Notice to Quit is required before initiating an eviction matter and is one step in the NJ eviction process timeline that you don’t want to miss.

What is the correct procedure for serving an eviction in New Jersey?

A notice can be served by hand delivery, certified mail, or posted on a tenant’s door if the tenant refuses to accept it.

Serving the eviction notice properly is crucial for a seamless process:

• Hand Delivery: The landlord may deliver the notice in person to the tenant.

• Certified Mail: This notice may be delivered via certified mail with a return receipt to verify the tenant’s receipt.

• Posting: Notice can be posted on the tenant’s door if the tenant won’t accept it.

Poor service can delay the NJ landlord-tenant court process.

What will happen once the eviction notice is up?

Once an eviction notice has ended in New Jersey, a landlord has the right to file a complaint with the court and start formal eviction proceedings.

Process after notice expires:

• File Court Paperwork: If the tenant fails to comply with the eviction notice (i.e., does not vacate), a landlord must file a complaint with the court to proceed with an eviction.

• Court Hearing: This is the tenant-landlord court hearings where both sides of NJ landlord-tenant relations present evidence.

• Judgment of Possession NJ: Once the court decides in favour of the landlord, a Judgment of Possession NJ is issued, and the landlord then enforces it with a Warrant of Removal New Jersey.

What is required to begin an eviction process?

In New Jersey, landlords must file a complaint, summons, and case information statement to begin an eviction.

Documents required:

• Complaint-Possession: The landlord needs to file a complaint stating why they want to evict the tenant.

• Summons: This form informs the tenant of their court date and that they are required to appear.

• Case Information Statement: This statement provides information on the case and the tenant’s background, including any prior violations.

What are 10 typical errors that landlords commit when serving notices?

Landlords make several common errors, such as incorrectly wording the eviction notice, missing deadlines, or serving it improperly.

Mistakes to avoid:

• Bad Wording: The notices must comply with the law. If there is any nebulous or equivocal language, it could delay the eviction even further.

• Deadlines Not Met: Each notice contains a deadline. If a landlord misses it, the entire eviction process could be thrown out.

• Insufficient Service: Some types of notices must be served in specific ways. Not serving them properly can significantly delay the NJ eviction timeline.

What occurs during an eviction hearing in New Jersey?

An eviction case in New Jersey is heard before a judge, who decides whether to issue an order allowing the landlord to evict, based on evidence from both the landlord and the tenant.

Hearing details:

• Landlord’s Case: The landlord can demonstrate this by providing the Notice to Quit NJ document or proof of unpaid rent or lease violations.
• Tenant Defences: The tenant can present defences, like paying the back rent or disputing the landlord’s longer-term allegations.

• Outcome: After hearing from both parties, the judge will issue a Judgment of Possession NJ and grant the landlord permission to have the tenant evicted. The tenant has the right to challenge the judgment by appealing it.

The verdict of the hearing determines whether the landlord is allowed to proceed with the Warrant of Removal in New Jersey.

Are there any defenses for tenants or a way to stop an eviction?

Tenant defences or ways to stop eviction

Yes, New Jersey tenants can fight an eviction, but may have to move out during the trial process if space is still needed for students.

Tenant defenses:

• Rent payment: A tenant can prevent the eviction by paying the past-due rent before the hearing or during the case.

• Notice Served Improperly: If you did not serve the eviction notice properly, the tenant might be able to claim that the eviction is defective.

• Hardship Stay of Eviction NJ: Tenants can file for a hardship stay to seek additional time due to financial or medical hardships.

• Retaliation or Discrimination: A tenant can assert that the eviction is retaliatory (i.e., in response to a complaint made by the tenant) or discriminatory (based on the tenant’s race, religion, gender, etc.), both of which are prohibited under New Jersey’s eviction laws.

What protections do tenants have in New Jersey?

Tenants in New Jersey are covered by the New Jersey Anti-Eviction Act, which provides certain protections against eviction and grants them the right to a court hearing.

Tenant protections:

• Defence Against Unwarranted Eviction: As per the New Jersey Anti-Eviction Act, a tenant cannot be merely thrown out unless there are grounds for eviction in NJ, such as unpaid rent or lease terms being breached.

• Required Notice: The landlord must give the tenant adequate notice and terminate the right of tenancy in accordance with state law before seeking eviction.

• Court Process: A tenant has the right to raise defences in court and cannot be evicted without a court order.

• Retaliation Protection: Landlords cannot oust tenants in retaliation for them exercising their legal rights, such as reporting the landlord to authorities or joining a tenants’ association.

These rights exist to prevent tenants from being wrongfully or illegally evicted from their place of residence.

What is a Warrant of Removal, and how exactly does it work?

A Warrant of Removal in New Jersey is a court order authorising law enforcement to physically remove a tenant from the property after an eviction judgment has been granted.

Post Judgment:

• If, after the trial, the landlord prevails, the court will issue a Judgment of Possession NJ and a Warrant of Removal NJ.

• Police Involvement: This order authorises police to physically remove a tenant from the premises if the tenant has not already vacated.

• Final chance to respond as a Tenant: Before the Warrant of Removal NJ is executed, you may get one last chance to file an appeal or make housing arrangements.

The New Jersey Eviction Warrant allows the landlord to remove the tenant from the property.

How can New Jersey residents delay or mediate an eviction?

If it becomes necessary to delay eviction in New Jersey, a landlord may need to seek mediation or file a hardship stay of eviction, which asks the court to grant the tenant more time.

Mediation and Hardship Stay:

• Mediation: New Jersey provides mediation services that enable a neutral third party to help landlords and tenants reach an agreement before going to court. That can delay an eviction indefinitely or, if the two sides reach a deal, derail it.

• Hardship Stay of Eviction NJ: Tenants in financial or medical distress can apply for a stay of eviction, if the court allows, to delay the withholding/eviction process. The tenant must show such hardship and, in some cases, document it.
• Payment Plan: Tenants may propose a “pay and stay” plan with the landlord to pay past-due rent and avoid eviction.

Both have the potential to postpone an eviction — providing a tenant with precious extra time to remain in their apartment or reach some accommodation with the landlord.

What are the costs of evicting someone in New Jersey?

Eviction costs in New Jersey

The costs that you will spend on a New Jersey eviction can include: fees for filing the case in court (around $30 to $225), notice service fee (around $40 to $75), and, if you have a lawyer hired, the lawyer’s professional charges.

Cost breakdown:

• Court Filing Fees: The landlord is responsible for paying a filing fee to file the eviction complaint with the court. These fees generally range from $100 to $300, depending on the county.

• Service Costs: It can be delivered by hand, certified mail, or posting, and each method has associated costs.

• Attorney Fees: If the landlord needs to enlist an attorney to initiate an eviction, there will be additional attorney fees. The landlord could suffer costs if they have to hire help to enforce the Warrant of Removal in New Jersey.

• Extra Costs: Any costs incurred if the tenant challenges the eviction or if law enforcement is required to enforce the eviction are also charged to the landlord.
  

Evictions in New Jersey require successfully navigating the eviction process, which involves paying attention and adhering to legal procedures. Steering clear of these pitfalls can be a time-, money-, and sanity-saver for landlords.

Whether you need to provide adequate notice or follow the proper court rules, being informed will make for a more seamless eviction and protect your rights as a landlord.