NJ Eviction Process: Step-by-Step Guide for Landlords

The eviction flow

1. 1

   Identify the statutory ground

   NJ does not allow evictions for any reason. The Anti-Eviction Act (N.J.S.A. 2A:18-61.1) lists every permissible ground: non-payment of rent, disorderly conduct, lease violation, habitual late payment, owner occupancy, condemnation, and a handful of others. If your reason does not match a statutory ground, you cannot evict.

2. 2

   Serve a Notice to Cease (warning)

   For most curable grounds, the landlord must first serve a Notice to Cease. This is a written warning that identifies the specific violation and gives the tenant a chance to stop the conduct or cure the default. The cure period varies: 3 days for disorderly conduct, 30 days for most lease violations. The Notice to Cease does NOT demand the tenant vacate.

3. 3

   Wait for the cure period to expire

   The tenant has the full cure period to stop or fix the violation. If they do, the matter ends here. If they do not cure (or the conduct continues for habitual issues), the landlord can move to step 4.

4. 4

   Serve a Notice to Quit (demand to vacate)

   The Notice to Quit demands the tenant vacate by a specific date. The notice period depends on the ground: 3 days for disorderly conduct, 30 days for most lease violations and habitual late payment, 2 months for owner occupancy, 3 months for condemnation. Non-payment of rent does not require a Notice to Cease or a Notice to Quit; the landlord can proceed directly to court.

5. 5

   File a complaint for possession in Special Civil Part

   If the tenant does not vacate by the deadline, the landlord files a verified complaint in the Special Civil Part of the Superior Court of New Jersey, in the county where the property is located. There is a filing fee (currently around $50). The court issues a summons with a return date typically 2 to 3 weeks out.

6. 6

   Court hearing and Judgment for Possession

   Both parties appear in court. The judge may suggest mediation; many cases settle the same day with payment plans or surrender agreements. If the case proceeds to a hearing and the landlord prevails, the court enters a Judgment for Possession.

7. 7

   Warrant for Removal

   The Judgment for Possession is not self-executing. The landlord must request a Warrant for Removal, which a court officer (not the landlord) executes. The officer typically posts the warrant on the door and gives the tenant a few additional days before physically removing them and any belongings. Only the court officer can change the locks.

Self-help eviction is illegal

Under N.J.S.A. 2A:39-1, only a court-issued Warrant for Removal may legally dispossess a tenant in New Jersey. Landlords cannot:

• Change the locks or remove the tenant's key
• Shut off utilities (water, electric, gas, heat)
• Remove belongings from the unit
• Threaten or harass the tenant to make them leave

Self-help eviction exposes the landlord to civil damages, criminal charges, and attorney fee awards to the tenant. There are no exceptions, even if the tenant has not paid in months.

Realistic timeline

An uncontested NJ eviction through court typically takes 1 to 3 months from filing the complaint to executing the Warrant for Removal. Contested cases, cases involving rent abatement defenses, or cases under the Tenant Hardship Act can run longer. Add the Notice to Cease and Notice to Quit cure and notice periods on top of that.

Special rule for non-payment of rent

For non-payment of rent, NJ does not require a Notice to Cease or Notice to Quit under N.J.S.A. 2A:18-61.2. The landlord can file the complaint in Special Civil Part as soon as rent is past due. Most landlords still send a courtesy demand letter giving the tenant a chance to pay before filing, but it is not legally required.

If the tenant pays the full amount due (including court costs) any time before the Warrant for Removal is executed, the case is dismissed and the tenancy continues. This is called the “pay-and-stay” rule.