The State of New Jersey has very particular eviction laws that both Landlords and Tenants have to follow. If you don't follow the law correctly, Landlords could lose months and end up with nothing or Tenants can end up on the street. Both Landlords and Tenants should educate themselves on their respective rights for eviction. Here's a basic breakdown of the eviction laws in New Jersey and how they affect both Landlords and Tenants.
First and foremost, the ONLY WAY to evict a Tenant in the State of New Jersey is through the court system. A Landlord is absolutely forbidden from any "self-help" acts, i.e. shutting off water, changing locks, shutting off electricity/heat, etc. If a Landlord does any of those things, they can be prosecuted criminally.
When the Landlord is renting a residence that they also do not live in, i.e. a 2-family home and neither apartment is occupied by the Landlord, then the Anti-Eviction Statute of New Jersey applies if/when the Landlord wants to evict a tenant. If the Landlord resides in the same home as the Tenant, then the Anti-Eviction statute does NOT apply (this means the Landlord can evict the tenant for no reason.) The Anti-Eviction statute has a whole slew of "reasons" a Landlord can evict a Tenant, and each of them has different requirements. The most basic requirement that is among all of them is proof that a tenancy agreement exists, such as a lease agreement. If no tenancy agreement exists, then eviction is not the correct procedure to have those individuals removed from the property. For instance, the Landlord purchases a foreclosure and the prior owners are still residing in the home. That Landlord would have to file for an ejectment, which is very different procedurally from an eviction, and filed in a completely different court.
You do NOT have to have a written lease for a tenancy agreement to exist. If no lease is physically written, then the terms of the lease are based on actions. Does the Tenant pay for utilities? Is parking permitted? Can Tenants store items in the garage/basement/attic/etc? How much is the monthly rent? Etc. All of these "actions" determine the existing lease. However, without a written lease, the term of the lease is considered "month to month" and can lead to an easier eviction. Otherwise, a written lease governs the relationship between the Landlord and Tenant. Anything legal can be contracted, so even some unconventional terms can be placed in the lease agreement. With an existing lease, the term of the lease (6 months, year(s), etc.) is how long it remains valid. The lease should dictate both Landlord's and Tenant's rights regarding renewing the lease for an additional agreed-upon term. If neither of you renews the lease, but the Tenant remains and the Landlord continues accepting the rent, then the lease remains to be valid, it is just expired. The only part that changes is the term, now it is "month to month." The remaining terms of your lease are still your responsibility. Thus, as a Tenant, it is important to officially renew your lease!
Each reason under the Anti-Eviction Statute has its own requirements to properly evict a Tenant. Eviction, under the Anti-Eviction Statute, must be for a valid and legal reason. Simply not liking a Tenant is not enough, the Tenant must be in violation of the lease in some way. If the Tenant violates the lease, for example by always paying late or being disruptive to other tenants, then the Anti-Eviction Statute requires the Landlord to send a "warning" letter (A Notice to Cease) to the Tenant before starting an eviction proceeding. The contents of this Notice must be specific, and the Landlord has to be able to prove that the Tenant received it. Therefore, simply putting it in writing with a text or an email is not sufficient under the law. Also, the Tenant must be given a specific amount of time to fix the issue, and how much time depends on what the issue is to begin with. If the Notice to Cease is incorrect in any way, it is invalid and the Tenant can freely* ignore it.
If a Tenant continues to violate their lease and the allotted time for that violation has been given in a correct Notice to Cease, then the Landlord can terminate the lease by sending a Notice of Termination. This Notice gives a date as of when the lease is terminated and thus when the Tenant must vacate the premises (30 days, 60 days, etc). How long a Landlord has to give a Tenant circles back to what the reason is for the eviction. I cannot stress this enough: the Anti-Eviction Statute is very specific. The Notice also has to be specifically written and the Landlord has to be able to prove that the Tenant received it. Now, a tricky part. The clock to vacate the premises starts to run the following 1st of the month after the Tenant receives the Notice of Termination. So, if the Tenant receives the Notice of Termination on July 1 and it requires only 30 days to vacate, the Tenant has until August 31 to vacate, and the Notice must correctly state this. Otherwise, the Notice is invalid and the Tenant can freely* ignore it. If the Tenant receives the Notice of Termination on June 30 and it requires only 30 days to vacate, the Tenant has until August 31 to vacate.
(*"Freely" only in the sense that the Notice is not valid. So if a Landlord moves forward with the eviction, the Judge may throw out the eviction lawsuit because the notices were invalid. In my opinion, this is not an indeterminate state I like to leave any client. In this situation, I highly recommend reaching out to the Landlord with the assistance of an attorney, standing your ground that the Notices are invalid, but you're willing to work with the Landlord to fix whatever issue or to ultimately vacate without an eviction lawsuit. Or on the other hand, I highly recommend a Landlord correct its Notices by sending proper ones and relying on the timeline therein.)
If both Notices are properly written and sent to the Tenant, and the Tenant remains in the premises after the eviction date in the Notice of Termination, THEN the Landlord can file an Eviction Lawsuit in whatever County the property sits in. IF THE TENANT IS NOT PAYING RENT, NO PRIOR NOTICE IS REQUIRED AND THE LANDLORD CAN IMMEDIATELY FILE AN EVICTION LAWSUIT. However, the tenant can come into court on the trial date with the full amount owed (must be exact), with a certified check to the Landlord and the case will be dismissed entirely. This is why it is imperative that a Landlord has an attorney handling the file from the beginning so that the proper Notices can be sent even if non-payment of rent is the only issue. Yes, the Landlord will lose a few months, however, the Tenant will still have to vacate even if they come to court with the full amount owed.
A Tenant DOES have the right to lower their rent on a specific month because of repairs the Tenant paid for, or not pay rent at all if the premises are not habitable (no heat, no hot water, etc.). However, the Tenant must FIRST take very specific steps before being legally permitted to lower a monthly payment or not pay at all. This is why it is imperative that a Tenant be represented by an attorney the moment an issue like this arises. A Tenant CANNOT unilaterally decide to not pay rent without proper notice to the Landlord, and then bring it up in court. The court WILL require the Tenant to pay all of the back rent owed at the time of trial before even listening to a single word the Tenant has to say about habitability.
In order to file a Complaint for Eviction, the Landlord must simultaneously file a Landlord Registration Statement. This is a new requirement from a new law that came into effect recently. This registration statement became required for all eviction trials during covid, and now as of September 2023 is required to be filed at the onset of the eviction proceedings. In order to obtain this registration statement, Landlords must go to the city clerk within the city of the rented premises, and file this statement. Every municipality has its own requirements regarding this form. Some municipalities even require an inspection of the premises before this statement can be completed. The statement must be filled out, paid for (nominal fee), and stamped as "filed" by the municipality for it to be accepted by the Courts. Further, once the Landlord receives a filed copy of the statement, it should be sent to each Tenant in that premises for their own records.
Once the Complaint for Eviction (and all the supplemental documents required) is filed, the Court serves the Complaint on the Tenant/Defendant and the case is scheduled for a trial. The day of the trial can go many different ways, and many variables dictate the result. Check out my next blog explaining an eviction trial, and rights on both sides!
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