New Jersey eviction notice and late fee rules

Notice for unpaid rent

A written demand and notice for delivery of possession is required before judgment for covered premises, except in nonpayment-of-rent cases under subsection a. or f. of 2A:18-61.1.

Ending a month-to-month tenancy

Not found in the statutes we read

Late-fee limit

No statutory cap found

Grace period before a late fee

Where rent is due on the first of the month, the landlord must allow a five business day grace period, and no delinquency or late charge may be made that includes those five business days.

Notice for unpaid rent

Failure to pay rent due and owing under an oral or written lease is a good-cause ground for removal; rent withheld and used to keep utility service on after a utility shutoff notice based on the landlord's nonpayment is not unpaid rent.

“a. The person fails to pay rent due and owing under the lease whether the same be oral or written; provided that, for the purposes of this section, any portion of rent unpaid by a tenant to a landlord but utilized by the tenant to continue utility service to the rental premises after receiving notice from an electric, gas, water or sewer public utility that such service was in danger of discontinuance based on nonpayment by the landlord, shall not be deemed to be unpaid rent.”
N.J.S.A. 2A:18-61.1(a)

A written demand and notice for delivery of possession is required before judgment for covered premises, except in nonpayment-of-rent cases under subsection a. or f. of 2A:18-61.1.

“3. No judgment of possession shall be entered for any premises covered by section 2 of this act, except in the nonpayment of rent under subsection a. or f. of section 2, unless the landlord has made written demand and given written notice for delivery of possession of the premises.”
N.J.S.A. 2A:18-61.2

Paying to stop an eviction

In a summary action for nonpayment, if the tenant pays the clerk of the court the rent claimed plus accrued costs at any time on or before entry of final judgment, all proceedings stop.

“If, in actions instituted under paragraph "b" of section 2A:18-53 of this title, the tenant or person in possession of the demised premises shall at any time on or before entry of final judgment, pay to the clerk of the court the rent claimed to be in default, together with the accrued costs of the proceedings, all proceedings shall be stopped.”
N.J.S.A. 2A:18-55

In a nonpayment eviction, the court provides three business days after a warrant for removal is posted or a lockout is executed for the tenant to submit a rent payment; if all rent due is paid in that period, no late fee beyond the amount in the warrant application may be imposed.

“the court shall provide a period of three business days after the date on which a warrant for removal is posted to the unit or a lockout is executed due to nonpayment of rent, for the tenant to submit a rent payment. A late fee shall not be imposed in excess of the amount set forth in the application for a warrant for removal if all rent due and owing is paid within the three business day period established by this subsection.”
N.J.S.A. 2A:42-10.16a(a)

Notice for other lease violations

For continued violation of rules and regulations, substantial breach of a lease covenant, or habitual failure to pay rent, one month's notice is required before the action for possession is filed.

“b. For an action alleging continued violation of rules and regulations under subsection d. of section 2, or substantial breach of covenant under subsection e. of section 2, or habitual failure to pay rent, one month's notice prior to the institution of the action for possession;”
N.J.S.A. 2A:18-61.2(b)

Eviction for breach of a lease covenant requires that the tenant continued to substantially violate it after a written notice to cease, that the lease reserves a right of reentry, and that the covenant is reasonable and was in the lease at the start of the term.

“e. (1) The person has continued, after written notice to cease, to substantially violate or breach any of the covenants or agreements contained in the lease for the premises where a right of reentry is reserved to the landlord in the lease for a violation of such covenant or agreement, provided that such covenant or agreement is reasonable and was contained in the lease at the beginning of the lease term.”
N.J.S.A. 2A:18-61.1(e)(1)

For disorderly conduct, damage to the premises, or grounds m through r (including certain drug, assault, theft and human-trafficking grounds), three days' notice is required before the action for possession.

“a. For an action alleging disorderly conduct under subsection b. of section 2, or injury to the premises under subsection c. of section 2, or any grounds under subsection m., n., o., p., q., or r. of section 2, three days' notice prior to the institution of the action for possession;”
N.J.S.A. 2A:18-61.2(a)

Just cause and good cause

Residential tenants may be removed by the Superior Court only upon establishment of one of the listed good-cause grounds; the exceptions include owner-occupied premises with not more than two rental units and units rented to transient guests or seasonal tenants.

“2. No lessee or tenant or the assigns, under-tenants or legal representatives of such lessee or tenant may be removed by the Superior Court from any house, building, mobile home or land in a mobile home park or tenement leased for residential purposes, other than (1) owner-occupied premises with not more than two rental units or a hotel, motel or other guest house or part thereof rented to a transient guest or seasonal tenant;”
N.J.S.A. 2A:18-61.1

Lockouts and utility shutoffs

Entry into real property occupied solely as a residence may not be made in any manner without the consent of the party in possession unless made under the legal eviction processes the statute lists.

“With regard to any real property occupied solely as a residence by the party in possession, such entry shall not be made in any manner without the consent of the party in possession unless the entry and detention is made pursuant to legal process as set out in N.J.S.2A:18-53 et seq., as amended and supplemented;”
N.J.S.A. 2A:39-1

Under the criminal statute's definition of forcible entry and detainer, padlocking or changing locks, and shutting off vital services such as heat, electricity or water to regain possession, are listed means.

“(5) padlocking or otherwise changing locks to the property; (6) shutting off, or causing to be shut off, vital services such as, but not limited to, heat, electricity or water, in an effort to regain possession; or by”
N.J.S.A. 2C:33-11.1

Occupants unlawfully displaced are entitled to reenter without delay and are not trespassers, provided a law enforcement officer is present at reentry.

“Legal occupants unlawfully displaced shall be entitled without delay to reenter and reoccupy the premises, and shall not be considered trespassers or chargeable with any offense, provided that a law enforcement officer is present at the time of reentry.”
N.J.S.A. 2C:33-11.1(a)

Retaliation

A landlord may not serve a notice to quit or bring an action to recover possession as a reprisal for the tenant activities listed in the statute.

“No landlord of premises or units to which this act is applicable shall serve a notice to quit upon any tenant or institute any action against a tenant to recover possession of premises, whether by summary dispossess proceedings, civil action for the possession of land, or otherwise:”
N.J.S.A. 2A:42-10.10

A landlord who violates the reprisal statute is subject to a civil action by the tenant for damages and other appropriate relief, including injunctive and equitable remedies.

“A landlord shall be subject to a civil action by the tenant for damages and other appropriate relief, including injunctive and other equitable remedies, as may be determined by a court of competent jurisdiction in every case in which the landlord has violated the provisions of this section.”
N.J.S.A. 2A:42-10.10

What the notice must say and how it is delivered

The notice must specify in detail the cause of termination and be served personally, by leaving a copy at the usual place of abode with a family member over age 14, or by certified mail (with regular mail if the certified letter is unclaimed).

“The notice in each of the foregoing instances shall specify in detail the cause of the termination of the tenancy and shall be served either personally upon the tenant or lessee or such person in possession by giving him a copy thereof, or by leaving a copy thereof at his usual place of abode with some member of his family above the age of 14 years, or by certified mail; if the certified letter is not claimed, notice shall be sent by regular mail.”
N.J.S.A. 2A:18-61.2

Court deadlines and the eviction case

No warrant of removal may issue until 3 days after entry of judgment for possession, except as provided in chapter 42.

“No warrant of removal shall issue until the expiration of 3 days after entry of judgment for possession, except as provided for in chapter 42 of this Title.”
N.J.S.A. 2A:18-57

A residential warrant for possession may be executed no earlier than the third day after personal service on the tenant, excluding Saturdays, Sundays and court holidays, and only between 8 a.m. and 6 p.m. unless the court orders otherwise.

“b. Shall be executed not earlier than the third day following the day of personal service upon the tenant by the appropriate court officer. In calculating the number of days hereby required, Saturday, Sunday and court holidays shall be excluded; c. Shall be executed during the hours of 8 a.m. to 6 p.m., unless the court, for good cause shown, otherwise provides in its judgment for possession;”
N.J.S.A. 2A:42-10.16(b)-(c)

Late fees and grace periods

Where rent is due on the first of the month, the landlord must allow a five business day grace period, and no delinquency or late charge may be made that includes those five business days.

“1. A person to whom rent is due and payable on the first of the month upon a lease or other agreement shall allow a period of five business days grace in which the rent due shall be paid. No delinquency or other late charge shall be made which includes the grace period of five business days.”
N.J.S.A. 2A:42-6.1

The five-business-day grace period law applies only to premises rented by senior citizens receiving Social Security old-age pensions, Railroad Retirement or comparable government pensions, and by recipients of Social Security Disability, SSI, or Work First New Jersey benefits.

“3. The provisions of this act shall only be applicable to premises rented or leased by senior citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions or other governmental pensions in lieu of Social Security Old Age Pensions, and by recipients of Social Security Disability Benefits, Supplemental Security Income or benefits under Work First New Jersey.”
N.J.S.A. 2A:42-6.3

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the New Jersey rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in New Jersey have to give for unpaid rent?

A written demand and notice for delivery of possession is required before judgment for covered premises, except in nonpayment-of-rent cases under subsection a. or f. of 2A:18-61.1. (N.J.S.A. 2A:18-61.2).