Tenants in New Jersey have strong legal protections under state law, but it’s important to know your rights and obligations if you are facing eviction. Here’s what you need to know:
Key Protections and Rights
Anti-Eviction Act: Most tenants are protected by the Anti-Eviction Act, which lists 18 specific reasons a landlord can file for eviction. These include nonpayment of rent, lease violations, disorderly conduct, and illegal activity on the premises.
Right to a Hearing: Landlords cannot evict a tenant without a court order. Tenants are entitled to a trial where they can present their case and defend against eviction.
Proper Notice Required: The landlord must provide written notice stating the reason for eviction and the date you must vacate. The notice period varies depending on the reason (e.g., 5 business days for nonpayment of rent, 30 days for lease violations, 3 days for disorderly conduct or illegal activity).
Opportunity to Cure: In some cases, such as nonpayment of rent or certain lease violations, tenants may have the right to “cure” the issue (e.g., pay overdue rent or correct the violation) to stop the eviction process.
Legal Representation: Tenants are entitled to seek legal representation, and legal aid organizations are available for those who cannot afford a lawyer.
Anti-Retaliation: Landlords cannot evict tenants in retaliation for exercising their legal rights, such as reporting health or safety violations.
Stay of Eviction: In certain circumstances, tenants may request a stay of eviction, which can delay removal to allow more time to find new housing.
Reclaiming Property: If you are evicted, you have the right to reclaim your personal property left behind. Landlords must store your belongings for at least 33 days and notify you how to retrieve them.
The Eviction Process
Notice: The landlord must provide written notice appropriate to the reason for eviction.
Court Filing: If the tenant does not comply, the landlord files a complaint in court.
Service: The tenant is served with court documents by an authorized official.
Hearing: Both parties attend a court hearing. Tenants can present defenses and may be able to settle the case before trial.
Judgment: If the landlord wins, the court issues a judgment for possession.
Warrant for Removal: The tenant typically has 3 days to vacate after the judgment. If rent is paid in full within this period, the eviction may be stopped.
Orderly Removal: In some cases, the court may grant an orderly removal, giving the tenant 7 days to 6 months to move out for good cause.
Enforcement: Only authorized officials (like a sheriff) can physically remove the tenant. Landlords cannot use “self-help” methods (such as changing locks or shutting off utilities).
Common Reasons for Eviction
-Nonpayment of rent
-Lease violations
-Disorderly conduct
-Illegal activity on the property
-Refusal to vacate after lease expiration
What You Should Do If Facing Eviction
-Respond to all notices and court documents.
-Attend your court hearing and present your case.
-Seek legal assistance if needed.
-Try to resolve the issue (e.g., pay rent or correct violations) if possible.
-Know your rights regarding your personal property if you are removed.
Summary Table
| Protection/Right | Details |
|---|---|
| Anti-Eviction Act | 18 legal reasons for eviction; strong tenant protections |
| Right to Hearing | Required before eviction; can defend yourself in court |
| Notice Period | Varies by reason (5–30 days, or 3 days for disorderly/illegal activity) |
| Cure the Issue | Possible in some cases (e.g., pay rent, fix violation) |
| Anti-Retaliation | Cannot be evicted for exercising legal rights |
| Stay of Eviction | May be granted for good cause |
| Reclaim Property | Landlord must store belongings for 33 days |
| Enforcement | Only authorized officials can remove tenant |
Understanding these rights and procedures can help you protect yourself and navigate the eviction process in New Jersey.
Sources:
- https://www.vljnj.org/pro-bono-blog/facing-eviction-in-new-jersey
- https://www.azibo.com/blog/new-jersey-eviction-laws
- https://innago.com/new-jersey-eviction-process/
- https://www.njcourts.gov/self-help/landlord-tenant