As a landlord or property manager, how often have you found yourself tangled in the intricacies of eviction proceedings while trying to ensure you’re fulfilling all legal obligations? It’s no secret that navigating the process of evicting a tenant can be a tricky affair, especially in a state like New Jersey with its strict regulations.
From understanding the need for meticulous record-keeping, to deciphering the actual eviction processes and grounds for eviction, our guide aims to provide you clear, simple yet detailed guidance. We understand that as busy landlords or property managers, you seek efficient solutions.
Before we delve into more specific details, let’s quickly skim through some of the critical points of the New Jersey eviction laws:
- Send a clear written eviction notice to the tenant
- Properly fill out the required court forms
- Serve the tenant with these forms
- Attend the trial in court
- Patiently wait for the court’s judgment
- Rules and timelines vary depending on the nature of the lease/rental agreement
- No matter the reason for eviction, self-help eviction (taking the law into your own hands) is illegal in New Jersey
Understanding New Jersey Eviction Laws
Before we delve into the nuances of eviction in New Jersey, it’s critical to understand the fundamental laws that govern the process.
The Importance of “Good Cause” in Evictions
One key aspect of New Jersey eviction laws is the requirement for “good cause” to evict a tenant. As a landlord, you must have a valid reason to initiate eviction proceedings. This rule applies to most situations, with the exception of two- or three-unit houses where the landlord also resides. The most common reason for eviction is non-payment of rent. Eviction is a serious matter; you can’t just evict a tenant because of minor disagreements or inconveniences.
The Role of Rental Agreements in Evictions
The rental agreement between you and your tenant plays a crucial role in the eviction process. It outlines the terms and conditions of the tenancy, including the rent amount, the rental term, and the rights and responsibilities of both parties. Failure to adhere to the terms of the rental agreement can provide a valid ground for eviction. It’s essential to keep a copy of the signed rental agreement as it could serve as a key piece of evidence in court.
The Impact of COVID-19 on New Jersey Eviction Laws
The COVID-19 pandemic has brought about significant changes to eviction laws in New Jersey. Governor Phil Murphy imposed a moratorium on evictions in March 2020, which was lifted on January 1, 2022. During the moratorium, landlords were allowed to file eviction cases, but the final steps to remove tenants were barred. This has resulted in a backlog of cases.
To alleviate this, new laws were enacted to clear a large chunk of cases filed against those affected by the pandemic. Courts are required to dismiss the cases of low- and middle-income tenants who missed rent between March 2020 and August 2021, or between March 2020 and December 2021 for poorer families, if they filled out a certification attesting to their income and that they applied for rental assistance.
The Eviction Process in New Jersey
The eviction process in New Jersey is a legal procedure designed to protect both landlords and tenants. It’s important for landlords to understand and follow these procedures to ensure the eviction process is carried out legally and efficiently.
Serving a Clear Written Eviction Notice
The first step in the eviction process is serving a clear, written eviction notice to the tenant. This notice should clearly state the reason for eviction, such as nonpayment of rent or violation of the lease terms. In some cases, the landlord must give the tenant a Notice to Cease before an official Notice to Quit. The number of days associated with the Notice to Quit will depend on the reason for eviction.
The landlord cannot carry out a self-help eviction, which is an illegal form of eviction. All eviction proceedings must go through the proper legal channels.
Filing a Complaint with the Court
After serving the eviction notice, the landlord needs to file a complaint with the court. This involves filling out the appropriate forms and waiting for judgment from the court.
The State of New Jersey Department of Community Affairs is usually the one that manages and holds the rulings on eviction cases.
The Role of the Court in the Eviction Process
The court plays a crucial role in the eviction process. After the landlord files the complaint, the court issues a Summons and Complaint, which is delivered to the tenant by a Special Civil Part Officer or a process server.
The court also schedules a hearing, typically 10 to 30 days after issuing the Summons and Complaint. This is where the landlord and tenant present their arguments, and the judge makes a judgment based on the evidence presented.
The Timeline for Evictions in New Jersey
The timeline for evictions in New Jersey can vary greatly, ranging from 3 days to 3 years from the issuance of the Notice to Pay/Quit to begin filing to evict a tenant. This largely depends on the reason for eviction and the specific circumstances of the case.
The eviction process can be a long and tedious experience, especially for landlords who handle multiple properties. That’s why it’s best to try to work things out with a tenant outside court if possible.
Grounds for Eviction in New Jersey
As a landlord in New Jersey, it’s crucial to know the legal grounds on which a tenant can be evicted. This knowledge can help you avoid costly legal battles and ensure a smooth tenancy. Here are some of the common reasons for eviction in New Jersey:
Nonpayment of Rent
Nonpayment of rent is one of the most common reasons for eviction. If the tenant fails to pay rent on time, the landlord has the right to evict them. However, it’s important to note that this process is not automatic. You must first provide the tenant with a written eviction notice, and if the rent is still unpaid, you can then proceed with a lawsuit.
Notably, if the tenant habitually pays rent late and the landlord accepts it, then the landlord must give a 30-Day Notice to Pay before starting the eviction process. On the other hand, if you don’t have a history of accepting late rent, you’re not required to give any notice.
Violation of Lease Agreement
Violations of the lease agreement can also lead to eviction. This could be due to noise complaints, unauthorized pets, or property damages. If any of these occur, it’s critical to provide proof such as security camera footage, photos, or specific lease terms that were violated.
Illegal Activity on the Premises
Engaging in illegal activities on the premises is another ground for eviction. This could include drug-related activities, criminal behavior, or any other activity that violates the law.
Major Property Damage and Disorderly Conduct
If the tenant causes significant damage to the property or engages in disorderly conduct, this can also be grounds for eviction. Disorderly conduct could include excessive noise, violence, or any behavior that disturbs the peace and comfort of other residents.
Health or Safety Violations
Lastly, if the tenant violates any health or safety regulations, this is also a valid reason for eviction. This could include improper disposal of trash, causing unsanitary conditions, or any other actions that could pose a health or safety risk.
It’s essential to follow proper legal procedures when evicting a tenant. It’s illegal to engage in “self-help” evictions, such as changing the locks or removing the tenant’s belongings without a court order.
Legal Protections for Tenants in New Jersey
As a landlord, understanding the rights of your tenants is crucial before pursuing an eviction. In New Jersey, tenants are legally protected in several ways.
The Right to Habitability and Timely Repairs
A rental property must be “habitable,” meaning that people can live in it safely and comfortably . This includes necessities like heat, running water, and safe common areas such as lobbies, stairs, or elevators. If properties have habitability issues, landlords are legally obligated to make timely repairs. Substandard living conditions could allow a tenant to withhold rent, making habitability a valid defense in eviction cases.
The Right to Non-Discrimination
In New Jersey, tenants have the right to seek housing without discrimination. Landlords cannot deny an individual housing based on factors like race, gender identity or expression, or the lawful source of their income.
The Right to Privacy and Quiet Enjoyment
Tenants have the right to privacy and quiet enjoyment of their rented property. Landlords cannot enter the property without the tenant’s permission, except in emergencies or when performing necessary repairs or inspections.
The Right to Retaliate Against Landlord Harassment
Tenants also have legal protection against landlord harassment. This includes actions such as withholding amenities, ignoring maintenance requests, or evicting tenants without proper notice. If a landlord engages in such behavior, tenants can legally retaliate, potentially making eviction more challenging.
The Do’s and Don’ts of Evicting Tenants in New Jersey
Do’s: Maintain Good Records, Provide Evidence, Follow Legal Procedures
As we’ve discussed, eviction in New Jersey is often a complex process and it’s essential for landlords to follow the law to the letter. It all starts with maintaining meticulous records. These records should include a clear history of rent payments, lease agreement details, and any correspondence between you and your tenant.
When evicting a tenant for lease violations such as noise complaints or property damages, it’s crucial to provide evidence of the violation. This could be in the form of security camera footage, photos, or your own testimonies. Always refer to the lease terms to show the court which term has been violated.
Finally, always follow legal procedures. This includes sending a clear written eviction notice, filing the appropriate forms, serving the tenant, and awaiting your court date. Skipping any of these steps could result in your eviction case being dismissed.
Don’ts: Engage in Self-Help Evictions, Retaliate Against Tenants, Enter Without Permission
On the other hand, there are certain actions that landlords in New Jersey must avoid. First and foremost, never engage in self-help evictions. This involves any attempt to force the tenant to leave without following the proper legal process, such as changing the locks or turning off utilities. Such actions are considered illegal and could result in penalties for the landlord, including hefty fines and potential lawsuits.
It’s also illegal to retaliate against tenants. Even if you’re in the process of evicting a tenant, they still have the right to live in the property until the eviction is complete. This means you can’t harass them or make their living conditions unbearable in an attempt to make them leave.
Lastly, never enter the property without permission. While you may own the property, it is the tenant’s home while they are renting it. Unless it’s an emergency or you’ve given proper notice, entering the property without the tenant’s permission is a violation of their right to privacy.