How to Evict a Tenant in New Jersey (2026)
The legal steps for landlords in New Jersey — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In New Jersey a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | No notice to quit is required before filing for nonpayment of rent. The written notice requirement of N.J.S.A. 2A:18-61.2 expressly excludes nonpayment (and failure to pay a valid rent increase). The tenant can stop the case by paying the rent claimed plus accrued costs to the court clerk on or before entry of final judgment. After a warrant of removal is posted, or a lockout is carried out, for nonpayment, the tenant has 3 business days to pay all rent due. The landlord must accept that payment (cash, certified check, money order, or a rental-assistance program or charity) and the case is then dismissed. |
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| Lease violation | Disorderly conduct: a written notice to cease, then a 3-day notice to quit. Willful or grossly negligent damage to the premises: a 3-day notice to quit. Continued substantial violation of reasonable rules or lease covenants, or habitual late payment of rent: a written notice to cease, then a one-month notice to quit. Drug, assault, theft, or human-trafficking grounds: a 3-day notice. Notices must state the cause in detail and be served personally, at the residence on a family member over 14, or by certified mail (regular mail if the certified letter is not claimed). |
| Ending a month-to-month tenancy (no fault) | Landlord: for most residential tenancies, the landlord cannot end a month-to-month tenancy, or refuse to renew any lease, without one of the statutory 'good cause' grounds. Exempt from good cause are owner-occupied premises with not more than two rental units, hotel/motel/guest-house units rented to transient or seasonal guests, and certain units held in trust for, or occupied by, an owner's immediate family member with a developmental disability. In those exempt units, the landlord ends a month-to-month tenancy with a one-month written notice to quit. Tenant: no statute sets a notice period for a tenant ending a month-to-month tenancy. |
Local rent-control or just-cause rules can limit evictions: No statewide rent control and no state preemption. Municipalities may adopt rent control or rent leveling ordinances. Multiple dwellings built after 1987 are exempt from municipal limits on periodic increases for the period of the initial mortgage amortization or 30 years from completion, whichever is less. Without initial mortgage financing, the exemption is 30 years.
Step 2: Write and deliver the notice correctly
| What the notice must say | No notice to quit or pay-or-quit notice is required before filing a nonpayment case. The written-notice requirement for evictions expressly excludes nonpayment of rent (and failure to pay a valid rent increase). The tenant can stop the case by paying the rent claimed plus costs on or before final judgment, or within 3 business days after a warrant of removal is posted or a lockout occurs. |
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| How it must be delivered | Anti-Eviction Act notices (notice to cease and notice to quit) must state the cause in detail. They must be served by one of: (1) personal delivery to the tenant; (2) leaving a copy at the tenant's usual place of abode with a family member over age 14; or (3) certified mail, and if the certified letter is not claimed, regular mail. Source: N.J.S.A. 2A:18-61.2 |
Notice forms:
- New Jersey notice to pay rent or quit — requirements and free draft
- New Jersey notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in New Jersey are heard in: Superior Court of New Jersey, Law Division, Special Civil Part (Landlord/Tenant Section).
- Notice: none for nonpayment; a notice to cease and/or notice to quit for other good causes (3 days to 3 years depending on the ground) (N.J.S.A. 2A:18-61.2)
- File a verified complaint with the Special Civil Part in the county where the property is located; tenant is served with summons
- Trial; tenant may stop a nonpayment case by paying the rent claimed plus costs to the clerk on or before final judgment (N.J.S.A. 2A:18-55)
- Judgment for possession; no warrant of removal may issue until 3 days after judgment (N.J.S.A. 2A:18-57)
- Court officer serves the warrant, which may not be executed before the third day after service, excluding weekends and court holidays, and only between 8 a.m. and 6 p.m. (N.J.S.A. 2A:42-10.16). In nonpayment cases the tenant has 3 business days after the warrant is posted or the lockout to pay all rent due (2A:42-10.16a)
- Removal by a court officer only; court keeps jurisdiction for 10 days after execution for tenant applications. A hardship stay of up to 6 months after judgment is available if the tenant pays all arrears and keeps paying (N.J.S.A. 2A:42-10.6)
Court timing: Per NJ Courts, trial is set at least 21 days after the summons is served, and the tenant must appear (no written answer is required). Not re-verified against the court rule text.
Source: N.J.S.A. 2A:18-53 et seq., 2A:18-57, 2A:18-61.1 to -61.2, 2A:42-10.6, 2A:42-10.16, 2A:42-10.16a
How long it takes to evict a tenant in New Jersey
For unpaid rent, the notice period is 0 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in New Jersey
Court filing and service fees are set locally. Verified fees in the largest New Jersey counties:
| County | Filing and service fees |
|---|---|
| Hudson County (Jersey City) | $50 landlord/tenant complaint (one defendant) + $5 each additional defendant + $7 Special Civil Part officer service fee |
| Essex County (Newark) | $50 landlord/tenant complaint (one defendant) + $5 each additional defendant + $7 Special Civil Part officer service fee |
| Bergen County (Hackensack) | $50 landlord/tenant complaint (one defendant) + $5 each additional defendant + $7 Special Civil Part officer service fee |
| Middlesex County (New Brunswick) | $50 landlord/tenant complaint (one defendant) + $5 each additional defendant + $7 Special Civil Part officer service fee |
| Union County (Elizabeth) | $50 landlord/tenant complaint (one defendant) + $5 each additional defendant + $7 Special Civil Part officer service fee |
| Passaic County (Paterson) | $50 landlord/tenant complaint (one defendant) + $5 each additional defendant + $7 Special Civil Part officer service fee |
| Camden County (Camden) | $50 landlord/tenant complaint (one defendant) + $5 each additional defendant + $7 Special Civil Part officer service fee |
| Monmouth County (Freehold) | $50 landlord/tenant complaint (one defendant) + $5 each additional defendant + $7 Special Civil Part officer service fee |
| Mercer County (Trenton) | $50 landlord/tenant complaint (one defendant) + $5 each additional defendant + $7 Special Civil Part officer service fee |
| Morris County (Morristown) | $50 landlord/tenant complaint (one defendant) + $5 each additional defendant + $7 Special Civil Part officer service fee |
| Ocean County (Toms River) | $50 landlord/tenant complaint (one defendant) + $5 each additional defendant + $7 Special Civil Part officer service fee |
| Burlington County (Mount Holly) | $50 landlord/tenant complaint (one defendant) + $5 each additional defendant + $7 Special Civil Part officer service fee |
| Atlantic County (Atlantic City) | $50 landlord/tenant complaint (one defendant) + $5 each additional defendant + $7 Special Civil Part officer service fee |
| Somerset County (Somerville) | $50 landlord/tenant complaint (one defendant) + $5 each additional defendant + $7 Special Civil Part officer service fee |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Landlord: for most residential tenancies, the landlord cannot end a month-to-month tenancy, or refuse to renew any lease, without one of the statutory 'good cause' grounds. Exempt from good cause are owner-occupied premises with not more than two rental units, hotel/motel/guest-house units rented to transient or seasonal guests, and certain units held in trust for, or occupied by, an owner's immediate family member with a developmental disability. In those exempt units, the landlord ends a month-to-month tenancy with a one-month written notice to quit. Tenant: no statute sets a notice period for a tenant ending a month-to-month tenancy. |
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Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Self-help eviction is illegal. A residence may be entered or retaken without the occupant's consent only through legal eviction process, and only a court officer may execute a warrant for possession. It is a disorderly persons offense, after a warning from police or another official, to take possession without a lawful warrant, including by changing or padlocking locks, removing belongings, or shutting off heat, electricity, water, or other vital services. A second offense within 5 years is a fourth-degree crime. A displaced tenant may re-enter with a police officer present. In a civil action, the tenant can recover possession, all damages, court costs, and reasonable attorney's fees, or treble damages if return to possession is not appropriate. |
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| Retaliation | A landlord may not serve a notice to quit, sue for possession, or substantially change the tenancy (including refusing to renew without cause) as a reprisal for the tenant: trying to secure or enforce rights under the lease or law; making a good-faith complaint to a government authority about a health or safety violation (after first notifying the landlord and allowing reasonable time to fix it); or organizing, joining, or taking part in a lawful organization. The tenant wins the possession case if reprisal is shown, and may sue for damages and injunctive relief. Source: N.J.S.A. 2A:42-10.10 to -10.13 |
| Accepting rent after the notice | No statute says whether accepting rent after a notice waives an eviction for other grounds. By statute, in a nonpayment case the tenant can stop the eviction by paying the court clerk all rent claimed plus accrued costs at any time on or before entry of final judgment. Source: N.J.S.A. 2A:18-55 |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
New Jersey eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in New Jersey?
No notice to quit is required before filing for nonpayment of rent. The written notice requirement of N.J.S.A. 2A:18-61.2 expressly excludes nonpayment (and failure to pay a valid rent increase). The tenant can stop the case by paying the rent claimed plus accrued costs to the court clerk on or before entry of final judgment. After a warrant of removal is posted, or a lockout is carried out, for nonpayment, the tenant has 3 business days to pay all rent due. The landlord must accept that payment (cash, certified check, money order, or a rental-assistance program or charity) and the case is then dismissed.
How much does it cost to evict a tenant in New Jersey?
Court fees are set locally — for example, Hudson County (Jersey City): $50 landlord/tenant complaint (one defendant) + $5 each additional defendant + $7 Special Civil Part officer service fee.
Can a landlord change the locks to evict a tenant in New Jersey?
Self-help eviction is illegal. A residence may be entered or retaken without the occupant's consent only through legal eviction process, and only a court officer may execute a warrant for possession. It is a disorderly persons offense, after a warning from police or another official, to take possession without a lawful warrant, including by changing or padlocking locks, removing belongings, or shutting off heat, electricity, water, or other vital services. A second offense within 5 years is a fourth-degree crime. A displaced tenant may re-enter with a police officer present. In a civil action, the tenant can recover possession, all damages, court costs, and reasonable attorney's fees, or treble damages if return to possession is not appropriate.
How do you evict a tenant without a lease in New Jersey?
Landlord: for most residential tenancies, the landlord cannot end a month-to-month tenancy, or refuse to renew any lease, without one of the statutory 'good cause' grounds. Exempt from good cause are owner-occupied premises with not more than two rental units, hotel/motel/guest-house units rented to transient or seasonal guests, and certain units held in trust for, or occupied by, an owner's immediate family member with a developmental disability. In those exempt units, the landlord ends a month-to-month tenancy with a one-month written notice to quit. Tenant: no statute sets a notice period for a tenant ending a month-to-month tenancy.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.