3 Questions on Eviction Proceedings in New Jersey

Whether you’re a landlord or a tenant, there may come a time when you face legal actions or consider taking legal actions. What are some common terms that you might hear?

Here are 3 common questions we get on eviction proceedings.

1. What is a “Notice to Cease” and “Notice to Quit”?

When a landlord wants to terminate a contract with a tenant, depending on the type of case, they may be required to give the tenant notice prior to beginning formal legal proceedings. If termination is for cause (such as nonpayment of rent or violating the lease by having a pet), the tenant may have a right for a period of time to remedy the issue.

2. What are Summary Eviction Proceedings?

Evictions are dealt with by the Special Civil Part of Law Division in Superior Court. If the tenant does not leave voluntarily, the landlord can evict them by formally serving the tenant with a complaint. The complaint requires the tenant to respond by appearing in court. If no appearance is made, the landlord can file for a default judgment. If the tenant appear, rent arrears shall be needed to be deposited with Court by 5:00 PM. A trial is then set, during which a judge will listen to testimony from both sides before deciding the matter.

 3. What happens if one is habitually late in rent payments?

In New Jersey, tenants who failed to pay rent may always be allowed to cancel the eviction and remain in the property if they pay the full amount of rent due plus all fees owed to the property owner on the date of trial.  This is a right of redemption.  There are cases where tenants habitually and continually fail to pay rent, resulting in repeated eviction proceedings. In New Jersey, the landlord may file for eviction “for habitually late payment” meaning the judge’s ruling would stand.

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