Under New Jersey law, when your landlord attempts to evict you from an apartment, there are a number of notice requirements with which the landlord must comply:

• Notice requirements for failure to pay rent—Technically, there is no notice requirement if a landlord seeks to evict a tenant for failure to pay rent. If the rent is not paid by the date specified in the lease, the landlord can immediately file for eviction, though it will take some time for the eviction to be completed. However, if the landlord has allowed the tenant to repeatedly pay late, the landlord must now provide a written notice, called a “notice to cease.” If the tenant continues to pay late, the landlord must give one month’s notice, known as a “notice to quit,” before filing eviction papers.
• Notice requirements for property damage or disorderly conduct—If the tenant has engaged in “disorderly conduct,” such as physical altercations with other tenants, excessive noise or other nuisance, the landlord must provide the tenant with a written “notice to cease” before taking any other actions. If the disorderly conduct continues, the landlord can seek to evict the tenant, but must first provide a three day “notice to quit.” The same time period applies if there is physical damage to the apartment.
• Notice requirements for breach of lease—For all other actions which constitute a breach of the terms of the lease, the landlord must give the tenant a written “notice to cease,” specifying the conduct that is in violation of the lease. If the tenant does not remedy the breach, the landlord must provide one month’s notice with a “notice to quit” before filing any type of legal action.

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At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.

Must the Landlord Notify the Tenant of Eviction Proceedings?

In New Jersey, a landlord has the right to seek eviction of a tenant under certain circumstances, but must carefully follow the procedures set forth in the law. In most instances, before the actual eviction proceedings can begin, the lease must be terminated and the tenant must be notified. There are, however, circumstances where notice is not required prior to the commencement of eviction proceedings.

When Is Notice Not Necessary?

As a general rule, a landlord must have a legal reason for ending a leasehold and seeking eviction. There are a number of circumstances that are considered valid cause for terminating a lease, including:

• Nonpayment of rent
• Use of the leased property for illegal activities
• Violation of material provisions of the lease

The amount of notice required depends on the basis for the termination. If the eviction is based on the violation of provisions of the lease, the landlord must give the tenant a 30 day notice to quit (leave the premises). This can include habitually paying rent late. If the basis for terminating the lease is illegal activity, disorderly conduct or destruction of the leased property, the landlord must give only a three-day notice to quit (the same period applies if the tenant has assaulted or threatened the landlord). If the tenant has not paid rent in a timely manner (and the landlord has not accepted late rent payments in the past), there’s not notice requirement—the landlord can go to court without advising the tenant and can have the lease immediately terminated and eviction proceedings initiated.

Contact Our Office

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Send us an e-mail or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.