Eviction process in New Jersey

In the state of New Jersey, there is an eviction process that landlords must follow to remove a tenant. 

Our New Jersey real estate law firm stresses the importance of understanding local laws regarding evictions. This is because such proceedings can be complicated for both landlords and tenants.

Eviction process in New Jersey in 2025

In New Jersey, evicting a tenant is a structured process that begins with the issuance of a notice. The essential steps for evicting a tenant are outlined below:

Step 1: Issuing an eviction notice

The process begins with the delivery of an eviction notice to the tenant. This notice varies depending on the cause of the eviction, such as:

Non-payment of rent

The law allows for a grace period of 5 business days after the rent is due. This period usually begins on the first day of the month. 

Additionally, no late fees can be charged during those 5 days. While there is no requirement to wait before going to court, if the landlord has previously accepted late payments, they must issue a 30-day notice.

Lease violation

The landlord must notify the tenant of any noncompliance with 30 days’ written notice. 

This includes breaches of contract and reasonable changes communicated one month in advance.

Disorderly conduct

For disorderly conduct, if the tenant causes damage to the property or poses a safety risk to other residents, the landlord must issue an eviction notice at least 3 days in advance. 

Month to month rental agreement

For a month-to-month rental agreement, both the landlord and tenant must give at least 30 days’ notice if they wish to terminate the agreement. 

This notice allows both parties to adequately prepare for the end of the lease.

Illegal activity

If illegal activities are detected on or around the property, the tenant will be given a 3-day eviction notice. Illegal activities may include:

• Drug possession,
• Stealing, 
• Assault, 
• Prostitution, and 
• Human trafficking or smuggling.

Practicing illegal activities can be common for unscrupulous individuals, so it is advisable to be careful about this. Now, if you are wondering if you can buy a house in the United States being an illegal immigrat, in our blog, we answer this question. 

Step 2: Wait for the tenant’s response

This step is not mandatory in cases of nonpayment of rent. However, waiting for a response from the tenant can help avoid a lengthy and costly eviction.

Step 3: Filing a lawsuit in court

To formalize the eviction, the landlord must file a complaint with the special civil part office of the Superior Court. The documents to be submitted are:

• Verified complaint: Must include the prior notice given to the tenant and, if the cause is not nonpayment of rent, must detail the justification for the eviction.
• Summons: This is filed with the complaint and served on the tenant to inform them of the action against them, giving them the opportunity to defend themselves.

Step 4: Notification to the tenant

The court is responsible for officially serving the tenant, either by mailing the summons, delivering it in person, leaving it at the residence with an adult over the age of 14, or posting it on the property door.

Are you a tenant having problems with a landlord? You may need the help of a landlord tenant lawyer in NJ. 

Step 5: Attend A trial

The owner should come prepared to support their claims with evidence. This may include: 

• Witnesses,
• Key documents such as the rental agreement, invoices, among others, and 
• Bad checks.

Step 6: Obtaining a Judgment For Possession

If the court decides in favor of the landlord, it will issue a judgment for possession. Following this judgment, the landlord can apply for an eviction order after 3 days. This application must be made within 30 days of the judgment.

Step 7: Repossess the Property

If the tenant does not vacate the property within 3 business days after service of the eviction order, a special civil part officer will proceed with the forced eviction. 

In some cases, the tenant can request a stay of eviction, which can delay the process by one week to one year.

This process is the same even if you want to evict a tenant with illegal status in New Jersey.

If you are facing litigation or serious problems with your landlord or tenant, it is advisable to seek out an experienced real estate litigation attorneys in New Jersey.

How to Evict a Tenant in New Jersey

To evict a tenant in New Jersey, landlords must have a valid reason for doing so. Additionally, adequate time must have passed since the written eviction notice was served. 

If so, the landlord must wait the stipulated period before proceeding with the eviction action. This process includes:

1. Go to court, depending on the location of the rental property.
2. File a detailed complaint that includes relevant information.
3. Pay the court fees.

More information about fees and applicable courts can be found using the New Jersey Judiciary website.

How long does it take to get evicted in New Jersey?

The time required to carry out an eviction process in New Jersey varies considerably. However, it generally ranges from 1 to 3 months. Below we will show these times in detail:

• Official notice: Between 3 days and 3 years.
• Service of summons and lawsuits: From a few days to several weeks.
• Hearing and possession sentence: Usually between 10 days and 1 month.
• Eviction Order: Tenant has 3 days to pay the rent owed.
• Property delivery: It can take from 3 days to 6 months.

So how long do you have to wait to be evicted in New Jersey? Well, the process can be completed in a few weeks, although in complex cases it could extend to months.

Can a landlord evict you without going to court in New Jersey?

The short answer is no, a landlord in New Jersey cannot evict a tenant without first going to court to obtain a judgment for possession and an eviction order. 

This process must be done through the court system, as only a judge has the authority to authorize a legal eviction. Additionally, a landlord also cannot force a tenant to vacate their home in an eviction proceeding in New Jersey. 

If you are planning to file a lawsuit against your landlord, or would like more information about it, we invite you to read our following post: “Suing my landlord for renting an illegal apartment”.

Can a landlord trespass in New Jersey?

Landlords are not allowed to enter a home without permission in New Jersey. 

This is because they must first provide the appropriate notices before being able to enter a property that is occupied by a tenant.

How can I delay an eviction process in New Jersey?

To delay an eviction in New Jersey, consider the following options:

• Pay what you owe in full: If your eviction is due to nonpayment of rent, you can stop it by paying off the debt in full. This can be done up to 3 business days after you receive the eviction notice.
• Apply for a hardship stay: You can ask the court to grant you a “hardship stay.” This allows you to stay because of the hardship you would face in moving. If approved, you will be given up to 6 months to live there.
• Ask for an orderly removal: By asking the court for an orderly eviction, you will get an extra 7 days to move if you have been unable to pay your rent.
• Request to vacate a judgment: If you believe you have valid reasons for not being evicted, you can ask the court to vacate the judgment entered against you.

Since these options can be complex and have specific legal requirements, it is advisable to seek the assistance of a professional with experience in residential law.

What types of defenses exist against an eviction proceeding in New Jersey? 

There are several defenses a tenant can raise against an eviction in New Jersey. Some of the most common are:

• The landlord refused to collect rent within the 5-day grace period.
• The requested rent does not match the amount stated in the lease agreement.
• Improper charges above the amount established in the contract.
• The property did not meet habitability standards.

If these defenses are raised during the court hearing, a judge may dismiss the eviction case. 

However, if problems persist, landlords can restart the eviction process by filing a new lawsuit.

Common Reasons for an Eviction Order in New Jersey

Some reasons why an eviction process may be filed in New Jersey include:

• Non-payment of rent.
• Breach of lease agreement.
• Carry out illegal activities.
• Causing significant material damage to property.
• To have disorderly conduct.
• Violating health codes.
• Interruption of use of property.
• Rejection of reasonable changes to the Contract.
• Conversion to condominiums.
• Sale or personal use by the owner.
• The contract is not renewed.
• If the tenants lose their jobs.

Evidence required to evict a tenant during an eviction process in New Jersey

In order to pursue an eviction process in New Jersey, it is important to submit solid evidence to the court. These include:

• Documentation: Such as lease agreements.
• Evidence of non-payment: This involves payment history and returns.
• Evidence of violations: Recordings, photos and references to the violated contract clauses.

Detailed records and evidence increase the effectiveness of your case.

A New Jersey property deed and lease agreement may be required. Either way, we recommend contacting our professionals for personalized advice. 

What is a self-help eviction?

A self-help eviction refers to when a landlord attempts to remove a tenant without following the proper legal process. Some common examples of this include: 

• Change the locks, 
• Remove the tenant’s belongings, and
• Remove the front door or cut off essential services such as heat or electricity. 

What are the penalties for doing a do-it-yourself eviction in New Jersey?

Under the state’s civil code, the owner could be liable for: 

• Cover legal costs, and 
• The tenant’s attorney fees. 

In addition, the law gives the tenant the right to remain on the property.

Why should you seek the help of an attorney when dealing with an eviction process in New Jersey?

As we have seen, landlords in New Jersey must follow a legal process to evict their tenants, otherwise they will face serious consequences. 

Therefore, both landlords and tenants can benefit from the advice of a New Jersey eviction lawyer. 

That said, our firm recommends consulting with an expert on the subject to obtain proper guidance and avoid legal complications.