[NJ] What steps are required to legally evict a tenant for non-payment of rent?

I understand that dealing with a tenant eviction can be quite stressful. Can you please share if you have already started the eviction process or if you are seeking advice on how to begin?

Have you communicated with your tenant about the eviction, and if so, what was their response?

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your tenant eviction.

My name is Jessica and I am a licensed attorney that will be assisting you with your question. I understand you're dealing with a situation involving tenant eviction in Burlington County, NJ, and your tenant has only responded to speak to their lawyer. Have you considered any legal steps to address this situation?

Thanks for sharing that. Could you let me know if there was any written notice given to the tenant regarding their move-out date or any follow-up communication since June 30th?

Thanks for sharing that information. Have you provided any formal written notice to the tenant regarding their overdue rent or the need to vacate the property? If so, what type of notice was it, and when was it sent?

Based on your situation, there are several legal considerations and tenant-landlord laws in New Jersey that could potentially support your case.

In New Jersey, landlords must follow specific legal procedures to evict a tenant. This includes providing a written notice to the tenant, which is a crucial step in the eviction process. The notice must specify the reason for eviction, such as non-payment of rent, and give the tenant a certain period to either pay the overdue rent or vacate the property.

The Anti-Eviction Act in New Jersey (NJ Rev Stat § 2A:18-61.1) provides tenants with certain protections, meaning landlords can only evict tenants for specific reasons outlined by law. Non-payment of rent is one of these valid reasons. Under (NJ Rev Stat § 2A:18-61.2), non-payment of rent is exempt from the standard advance notice-to-quit period, meaning a landlord may make a written demand for the overdue rent and proceed toward filing without waiting out a set notice window, though the tenant generally retains the right to stop the case by paying all rent due plus costs before final judgment under (NJ Rev Stat § 2A:18-55).

Additionally, the eviction process involves filing a complaint with the court if the tenant does not comply with the notice. The court will then schedule a hearing where both parties can present their case.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

To create a legally binding eviction notice for non-payment of rent in New Jersey, follow these steps:

1. Draft the Notice
   • Begin by clearly stating that this is a formal eviction notice for non-payment of rent.
   • Include the tenant's full name and address of the rental property.
   • Specify the amount of rent owed and the period it covers.
   • Clearly state the deadline by which the tenant must pay the overdue rent or vacate the property. In New Jersey, this is typically 30 days from the date of the notice.
2. Include Legal Language
   • Mention that failure to comply with the notice will result in legal action to recover the property.
   • Reference the relevant New Jersey statutes that govern eviction for non-payment of rent.
3. Provide Contact Information
   • Include your contact information for any questions or to discuss payment arrangements.
4. Deliver the Notice
   • Serve the notice to the tenant in person or send it via certified mail with a return receipt requested. This ensures you have proof of delivery.
5. Keep a Copy
   • Retain a copy of the notice and any proof of delivery for your records.
6. Prepare for Next Steps
   • If the tenant does not comply, you may need to file a complaint with the local court to begin formal eviction proceedings.

Please let me know if you have further questions.

If the eviction notice is not met, you can proceed with filing an eviction lawsuit in the local court. This involves submitting a complaint and attending a court hearing where both parties can present their case. If the court rules in your favor, they will issue a judgment for possession, allowing you to regain control of the property.

Regarding the unpaid rent, you can file a claim in small claims court for the $11,100 owed. In New Jersey, the small claims court handles cases involving amounts up to $5,000, but for amounts over this limit, you may need to file in the Special Civil Part of the Superior Court.

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.