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.
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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. Send us an e-mail or call us at 201-791-1333 or 917-494-5695 to set up an appointment.