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What is the eviction process in New Jersey?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

New Jersey eviction is governed by the Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.) and the Tenancy Act (N.J.S.A. 2A:18-51 et seq.). Most rentals require statutory good cause to evict.

1. Pre-Eviction Notice

  • Nonpayment of rent: No pre-suit notice required under state law for most residential tenancies (lease may require a notice).
  • Disorderly conduct, lease violations, drug-related criminal activity: 3-day notice to cease followed by a 3-day notice to quit (N.J.S.A. 2A:18-61.2).
  • Substantial breach of lease: 1-month notice to quit after a notice to cease (§ 2A:18-61.2).
  • Owner removing from market or personal use: 18 months to 3 years notice depending on grounds (§ 2A:18-61.2).

    • 2. Filing in Special Civil Part

    Landlord files a verified complaint and summons in the Landlord/Tenant Section of the Special Civil Part of the Superior Court (county where property sits). Filing fee is approximately $50 plus $7 service per defendant.

    3. Service

    Special Civil Part Officer serves by personal delivery or posting and mailing. Tenant must be served at least 10 days before the trial date.

    4. Trial

    First appearance is the trial date, set 10-30 days after filing. Court attempts mediation. Tenant may pay full rent owed plus court costs at any time before warrant to dismiss a nonpayment case (N.J.S.A. 2A:18-55).

    5. Judgment and Warrant of Removal

    If landlord wins, court enters a Judgment for Possession. Warrant of Removal cannot issue until 3 business days after judgment (N.J.S.A. 2A:18-57). Tenant may apply for a hardship stay of up to 6 months (§ 2A:42-10.6).

    6. Lockout

    Special Civil Part Officer schedules a lockout typically within 7-21 days, posting the warrant 3 business days before execution.

    7. Tenant Defenses

    No good cause under Anti-Eviction Act, payment of full rent before warrant, warranty of habitability (Marini v. Ireland) with rent abatement, retaliation (§ 2A:42-10.10), illegal lockout (§ 2A:39-1), and fair housing.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You need a hardship stay of removal
    • Eviction lacks good cause under the Act
    • You want to assert habitability defenses with abatement
    Related Statutes & Laws
    • N.J.S.A. 2A:18-61.1
    • N.J.S.A. 2A:18-61.2
    • N.J.S.A. 2A:18-55
    • N.J.S.A. 2A:18-57
    • N.J.S.A. 2A:42-10.6

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.