How to Evict a Tenant in New Jersey

In New Jersey, you can evict someone for breaking the terms of the lease, not paying rent, or damaging the unit and engaging in disorderly conduct. You cannot evict anyone as a form of retaliation or for a reason that could be considered discriminatory.

1. Give written notice

In New Jersey, you must serve written notice to begin the eviction process. The kind of notice you give will depend on the reason for eviction.

If you are evicting the tenant for not paying rent, you must first give the tenant a written warning, called a notice to cease. If the tenant continues to pay rent late, you must give one month written notice. The notice should let the tenant know that they have one month to pay rent or leave before the eviction process will continue. We’ve created a template for this kind of notice that you can customize and use here.

If you are evicting someone for damaging the unit or engaging in disorderly conduct, you must first give the tenant a written warning, called a notice to cease. If the behavior continues, you must give three days written notice. The notice must let the tenant know that they have three days to fix the problem or leave before the eviction process will continue. (Here's a template you can use.)

If you are evicting someone for a different violation of the rental agreement, you must first give the tenant a written warning, called a notice to cease. If the behavior continues, you must give one month written notice. The notice must let the tenant know that they have one month to fix the problem or leave before the eviction process will continue.

2. File papers

If the notice period comes to a close and the tenant has not made amends or left, you must go to the Office of the Special Civil Part Clerk in the county where the unit is located and file an eviction lawsuit. The tenant will receive from the court information about the time and date of the hearing.

3. Go to court

If the tenant wants to challenge the eviction, you and the tenant will appear in front of a judge. The burden of proof is on you to show that the tenant violated the terms of the lease and that you correctly served notice, so be sure to follow these instructions carefully while documenting everything. If the judge rules in your favor, the tenant may be responsible for paying you unpaid rent, attorney’s fees and process fees.

4. Give them a chance to claim their belongings

If the judge rules in your favor, a court order will be issued instructing a law enforcement officer to remove the tenant from the premises. If the tenant leaves behind any personal belongings, you must notify the tenant, through certified mail, that they have 33 days to collect their items. If they do not claim them within that time frame, you may sell or get rid of their things.

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