New Jersey’s eviction laws are unique compared to those of most other states in the U.S. Landlords in New Jersey must follow a strict set of guidelines when evicting a tenant, and the process can take longer than in other states. Additionally, the eviction process can be expensive, and landlords must provide a valid reason for the eviction, such as non-payment of rent or violation of the lease agreement. Therefore, it’s crucial for landlords to have a thorough understanding of the eviction laws in New Jersey to avoid legal issues and ensure a successful rental property investment. This guide will provide a comprehensive overview of the eviction process in New Jersey, including tips on how to avoid legal trouble and protect your investment.
Reasons For Eviction
There are several reasons why a landlord can legally evict a tenant in New Jersey, which are outlined in the state’s landlord-tenant laws. The most common reason for eviction is non-payment of rent, but there are several others:
- Non-payment of rent
- Violation of the lease agreement
- End of lease term without renewal or new agreement
- Health or safety reasons, such as illegal activities or endangerment of other tenant
On the other hand, there are several reasons why a landlord cannot legally evict a tenant in New Jersey. For instance, a landlord cannot evict a tenant in retaliation for asserting their legal rights, such as filing a complaint against the landlord or joining a tenant organization. As a landlord, it’s good to be cautious and aware of the reasons why you cannot evict someone:
- Retaliation for asserting legal rights
- Discrimination based on protected characteristics Evicting a tenant based on these non-legal reasons can lead to legal issues for the landlord.
That said, so long as you are within the guidelines, the process for eviction is fairly strait forward despite its complexities in New Jersey.
Notice Requirements
In New Jersey, the notice requirements for eviction are strict and must be followed precisely. The landlord must provide the notice in writing and personally serve it to the tenant, or leave it in a conspicuous place at the rental property if the tenant is not present. The written notice should include specific details regarding the reason for the eviction, the date by which the tenant must correct the issue, and the consequences of failing to do so.
The amount of notice required before eviction depends on the reason for eviction. For example, if the eviction is for non-payment of rent, the tenant must be given at least 30 days’ notice before the eviction process can begin. If the eviction is for violating the lease agreement, the tenant must be given a 30-day notice to correct the issue or move out. However, for certain health and safety reasons, such as illegal activities on the property, the tenant can be given a shorter notice of just three days. It’s essential for landlords to understand the specific notice requirements for each type of eviction to ensure they are following the law and avoid legal trouble.
Eviction Process
- Notice: Before beginning the eviction process, the landlord must provide the tenant with written notice of the reason for eviction. The notice must include a specific amount of time for the tenant to either correct the issue or move out.
- Complaint: If the tenant does not comply with the notice, the landlord must file a complaint with the court. The complaint will outline the reasons for the eviction and the amount of rent owed (if applicable). The complaint must be served to the tenant by certified mail or delivered in person.
- Answer: The tenant has the right to respond to the complaint by filing an answer with the court within five days of receiving the complaint. The answer will either admit or deny the allegations in the complaint.
- Court Hearing: If the tenant denies the allegations in the complaint, the case will be scheduled for a hearing. Both the landlord and tenant will have the opportunity to present their case to the judge. If the judge rules in favor of the landlord, the tenant will have a specified amount of time to vacate the property.
- Writ of Possession: If the tenant fails to comply with the judge’s ruling, the landlord can obtain a writ of possession from the court. The writ of possession allows the landlord to have a law enforcement officer remove the tenant and their belongings from the property.
It’s important to note that eviction proceedings can be complicated, and it’s recommended to seek legal advice if you’re a landlord or tenant facing eviction.
Tenant Rights
In New Jersey, tenants have specific rights during the eviction process. One of these is the right to request a jury trial, which is a trial where a group of individuals is selected to hear the case and make a decision. The landlord must provide the tenant with a written notice of their right to a jury trial at the time of the eviction notice. If the tenant chooses to request a jury trial, they must pay a fee to the court, and the trial will proceed at a later date.
Additionally, tenants have the right to remain in the rental unit while the eviction process is ongoing. This means that the landlord cannot forcibly remove the tenant from the property, change the locks, or shut off utilities as a means of forcing the tenant out. If the landlord tries to do any of these things, they may be subject to legal action. However, it’s important to note that the tenant may still be responsible for paying rent during this time, even if they are eventually evicted.
A quick break-down:
- Tenants have the right to request a jury trial, and the landlord must provide written notice of this right. This is the reasons it is important to document every step including the written notice.
- Tenants have the right to continue living in the rental unit while the eviction process is ongoing.
- Tenants have the right to dispute any allegations made by the landlord in court and to defend themselves against eviction.
Illegal Evictions
Illegal evictions occur when landlords attempt to evict tenants in ways that violate the tenant’s legal rights. Some common examples of illegal evictions include changing the locks on the rental unit, shutting off utilities, or physically removing the tenant’s belongings. These actions are known as “self-help” evictions and are prohibited under New Jersey law.
In addition to facing legal consequences, landlords who engage in illegal evictions may also face financial penalties. For example, a landlord who illegally locks a tenant out of their rental unit could be ordered to pay damages to the tenant to cover the cost of temporary housing, lost wages, and other expenses incurred as a result of the illegal eviction.
Tenants who are illegally evicted may also choose to take legal action against their landlord. In some cases, tenants may be able to sue for damages or ask the court to issue an injunction ordering the landlord to allow them to return to their rental unit. Overall, it’s important for landlords to follow the legal eviction process to avoid facing serious consequences.
Tips For Avoiding Legal Hassles
- Follow the law: Landlords must follow the eviction laws and procedures outlined by New Jersey law. This includes providing proper notice, following the proper eviction process, and not engaging in illegal eviction practices.
- Document everything: Keep detailed records of all communications, notices, and legal documents related to the eviction process. This can help protect the landlord in case of legal disputes.
- Hire an attorney: If you are unsure of the eviction laws or need legal guidance, consider hiring an experienced attorney to assist you with the process.
- Communication is key: In some cases, eviction can be avoided by open communication between the landlord and tenant. Consider alternative solutions, such as a payment plan or lease modification, to resolve issues before resorting to eviction.
In conclusion, understanding eviction laws for rental properties in New Jersey is crucial for landlords to avoid legal hassles. By following the law, documenting everything, seeking legal guidance when necessary, and communicating with tenants, landlords can avoid legal trouble and protect their investment.
Citations
- New Jersey Courts, “Landlord/Tenant Section”: https://www.njcourts.gov/courts/superior/landlord.html
- New Jersey Legislature, “New Jersey Statutes Title 2A:18-61.2 – Grounds for eviction”: https://codes.findlaw.com/nj/title-2a-administration-of-civil-and-criminal-justice/nj-st-sect-2a-18-61-2.html
- Legal Services of New Jersey, “Tenant’s Rights”: https://www.lsnj.org/PLA/Housing/SecurityDep/tenantsrights.htm
