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What is the eviction process in New Jersey?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

1. Statutory Framework. New Jersey landlord-tenant eviction is governed by the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.66, and the Summary Dispossess Statute, N.J.S.A. 2A:18-51 to -61. Most residential tenancies require statutorily enumerated good cause.

2. Pre-Filing Notice. Nonpayment (N.J.S.A. 2A:18-61.1(a)) does not require pre-suit notice but a written rent demand is best practice. Disorderly conduct or breach of covenant requires a Notice to Cease, then a 1-month Notice to Quit. Habitual late payment requires both notices; substantial breach requires 3 months. Owner-occupancy and condo-conversion grounds require 3-18 months.

3. Filing the Complaint. File the Verified Complaint in the Special Civil Part - Landlord/Tenant Section of the Superior Court in the county where the property is located. Filing fee is approximately $50 plus $10 per defendant.

4. Tenant Answer / Default. Tenant is not required to file an answer; appears at the first hearing scheduled within 10-30 days (often longer due to docket).

5. Hearing. Court conducts mandatory settlement conference first, then trial. Defenses include implied warranty of habitability (Marini v. Ireland, 56 N.J. 130), rent abatement, retaliation (N.J.S.A. 2A:42-10.10), and LAD/Fair Housing discrimination. Tenant may pay all rent due plus costs through the day of the lockout in nonpayment cases (N.J.S.A. 2A:18-55).

6. Writ of Possession. Judgment of possession allows a Warrant of Removal to issue 3 business days later; Special Civil Part officer must give the tenant another 3 business days' notice before lockout (N.J.S.A. 2A:42-10.16).

7. Self-Help Prohibition. N.J.S.A. 2A:39-1 and N.J.S.A. 2C:33-11.1 criminalize lockouts and utility shutoffs; tenants may sue for treble damages and attorney's fees.

8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058.

9. Just-Cause. The Anti-Eviction Act applies to all rental units except owner-occupied 2-3 unit buildings and certain seasonal rentals; landlords must plead and prove an enumerated good cause.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Cause is anything other than nonpayment (cure-and-quit procedure is technical)
  • Owner-occupancy, condo conversion, or substantial rehabilitation eviction
  • Tenant has pending DCA rental assistance or hardship stay request
Related Statutes & Laws
  • N.J.S.A. 2A:18-61.1
  • N.J.S.A. 2A:18-51 to -61
  • N.J.S.A. 2A:39-1
  • 15 U.S.C. § 9058

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.