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Being Evicted

N.J.S.A. 2A:18-61.1 — removed only for a good cause the statute lists

Good cause, or no eviction. In New Jersey, a residential tenant may be removed by the Superior Court only on one of the good causes the statute lists. Owner occupied buildings with no more than two rental units, and transient hotel or motel guests, are outside it.

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  • Not paying rent due, except rent the tenant used to keep a utility on after a notice that the landlord had not paid it.
  • Continuing, after written notice to cease, to be so disorderly as to destroy the peace of other occupants or neighbors.
  • Willfully or through gross negligence damaging the premises.
  • Continuing, after written notice to cease, to substantially break reasonable rules the tenant accepted in writing, or reasonable lease terms.
  • Not paying a rent increase after a valid notice, where the increase is not unconscionable.
  • Habitually failing, after written notice to cease, to pay rent on time.
  • Refusing reasonable changes to the lease offered at its end, after written notice.
  • Certain drug, assault, theft or human trafficking offenses, and a few other grounds such as the owner retiring the building from residential use.
GroundWritten notice before the action
GroundUnpaid rentWritten notice before the actionNone: this section requires no written demand or notice first
GroundDisorderly conduct or damageWritten notice before the actionThree days
GroundBroken rules or lease terms, habitual late rent, or refused lease changesWritten notice before the actionOne month
GroundCode violations that require boarding up or vacatingWritten notice before the actionThree months
GroundPermanently retiring the building from residential useWritten notice before the action18 months, and not before the lease expires

Each notice specifies in detail the cause of the termination, and is served in person, left at the tenant's home with a family member above the age of 14 years, or sent by certified mail, then regular mail if the certified letter is not claimed.

Sources for this section (2)
  1. N.J.S.A. 2A:18-61.1 — Grounds for removal of tenants
  2. N.J.S.A. 2A:18-61.2 — Removal of residential tenants; required notice

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.

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