|
Published by Lewis Legal LLC Serving Bergen County, Union County, Essex County, Passaic County, and Morris County
New Jersey has some of the most tenant-protective landlord-tenant laws in the country — and some of the most procedurally strict requirements for landlords. Whether you are a landlord trying to remove a non-paying tenant or a tenant facing an unlawful eviction, understanding how New Jersey's system works is the first step to protecting your rights.
Lewis Legal LLC handles landlord-tenant matters from seven office locations across North and Central New Jersey. This guide covers the key legal issues, the court process, and where to find help near you.
How New Jersey Landlord-Tenant Law Works
New Jersey's landlord-tenant law is governed primarily by the New Jersey Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.), which applies to most residential rental properties in the state. Under this law, a landlord cannot remove a tenant — for any reason — without first obtaining a court order through the Special Civil Part of the Superior Court.
This means:
- A landlord cannot change the locks to force a tenant out
- A landlord cannot remove a tenant's belongings from the unit
- A landlord cannot shut off utilities to pressure a tenant to leave
- A landlord cannot physically remove a tenant themselves
Every one of those actions — called self-help eviction — is illegal in New Jersey regardless of whether the tenant is paying rent, has a lease, or is technically a trespasser. The only person who can physically remove a tenant from a residential unit in New Jersey is a court officer executing a valid Warrant for Removal.
Grounds for Eviction in New Jersey
Unlike many states, New Jersey does not allow "no-cause" evictions for most residential tenants. A landlord must have a legal ground specified in the Anti-Eviction Act to pursue eviction. Common grounds include:
Non-payment of rent: The most common basis. The tenant has failed to pay rent that is due and has not paid after proper notice.
Habitual late payment: A pattern of consistently late rent payments, even if eventually paid, may constitute grounds.
Disorderly conduct: Conduct that significantly disturbs neighbors or other tenants.
Destruction of property: Willful or negligent damage to the rental unit or property.
Violation of lease terms: Breach of a material lease provision (unauthorized pets, subletting without permission, etc.) that is not cured after notice.
Expiration of a fixed-term lease: For certain tenants, a landlord may be able to terminate tenancy at the end of a lease term — but New Jersey's anti-eviction protections apply broadly and there are important exceptions.
Owner or family member occupancy: A landlord who in good faith seeks to permanently occupy the unit or house a family member may use this ground, subject to strict notice and procedural requirements.
New Jersey's Anti-Eviction Act also provides significant protections for senior citizens (age 62 or older) and disabled tenants, including restrictions on eviction even when grounds exist.
The New Jersey Eviction Process: Step by Step
Step 1: Provide Written Notice
Before filing in court, a landlord must provide the tenant with written notice that is specific to the ground being asserted:
- Non-payment of rent: A written notice to cease and a notice to quit (or a combined notice) giving the tenant an opportunity to pay before court proceedings begin.
- Lease violations: Typically a notice to cease (stopping the violation) followed, if necessary, by a notice to quit.
- Month-to-month tenancy termination: At least one month's advance written notice.
Notice requirements vary by ground and by whether the property is subject to local rent control. Defective notice is one of the most common reasons eviction complaints are dismissed.
Step 2: File a Complaint in the Special Civil Part
The eviction complaint — called a Landlord-Tenant Complaint — is filed in the Special Civil Part of the Superior Court in the county where the property is located.
Filing locations by county:
| County | Special Civil Part Location |
|---|---|
| Bergen County | Bergen County Justice Center, 10 Main St., Hackensack, NJ 07601 |
| Union County | Union County Courthouse, 2 Broad St., Elizabeth, NJ 07207 |
| Essex County | Essex County Courts Facility, 50 W. Market St., Newark, NJ 07102 |
| Passaic County | Passaic County Courthouse, 77 Hamilton St., Paterson, NJ 07505 |
| Morris County | Morris County Courthouse, Washington & Court Sts., Morristown, NJ 07963 |
Step 3: Serve the Tenant
The tenant must be properly served with the complaint and a summons specifying the hearing date. Service requirements are strictly enforced — improper service can result in dismissal.
Step 4: Attend the Hearing
Landlord-tenant hearings in New Jersey are typically scheduled within two to three weeks of filing. Both parties appear before a judge or hearing officer in the Special Civil Part. Many cases are resolved through negotiated consent orders — agreements on payment, move-out timelines, or lease modifications — without a full hearing on the merits.
If the matter proceeds, the judge reviews the complaint, the notice, and the evidence, and either enters judgment for the landlord or dismisses the complaint.
Step 5: Obtain a Warrant for Removal
If the landlord receives a judgment for possession, the tenant has a brief period to vacate voluntarily. If they do not, the landlord requests a Warrant for Removal from the court. The warrant is served by a court officer, who then returns on a scheduled date to physically remove the tenant if they have not left. The landlord is present — but the court officer, not the landlord, carries out the removal.
A critical point for landlords: Do not change locks, remove belongings, or interfere with the tenant's occupancy between the judgment and the court officer's execution of the warrant. Doing so can result in liability even after winning the eviction case.
Key Tenant Rights in New Jersey
The right to a habitable unit (Implied Warranty of Habitability): New Jersey law requires landlords to maintain rental units in a safe and livable condition. Heat, hot water, working plumbing, structural safety, and freedom from significant pest infestations are baseline requirements. If a landlord fails to maintain habitability, tenants may have remedies including rent withholding, rent escrow, and rent reduction.
Protection from retaliation: A landlord cannot evict a tenant, raise rent, or reduce services in retaliation for a tenant reporting housing code violations, complaining to a government agency, or exercising any legal right. Retaliatory eviction is an affirmative defense in New Jersey eviction proceedings.
Security deposit limitations and return: New Jersey limits security deposits to one and one-half months' rent for most residential tenancies. The deposit must be held in a separate, interest-bearing account, and the tenant must be notified of the bank and account number. At move-out, the landlord has 30 days to return the deposit (or provide an itemized written statement of deductions). Failure to comply can result in the landlord forfeiting the right to make deductions and owing the tenant double the deposit amount.
Anti-lockout protections: If a landlord illegally locks out a tenant, the tenant can seek emergency relief from the Special Civil Part to be immediately restored to possession. Courts take illegal lockouts seriously.
Notice before entry: Landlords in New Jersey must provide reasonable notice before entering a tenant's unit except in genuine emergencies. What constitutes "reasonable" notice is not always clearly defined by statute but is generally understood to mean at least 24 hours.
Help for Landlords and Tenants Near Our Office Locations
Lewis Legal LLC maintains office locations throughout the region. Here is where we are located and the communities each office serves:
Paramus Office — Bergen County
140 E. Ridgewood Ave., Suite 415, South Tower, Paramus, NJ 07652 Phone/Text: 908-271-6931
The Paramus office serves landlords and tenants throughout Bergen County, including Paramus, Hackensack, Teaneck, Fort Lee, Englewood, Bergenfield, Ridgewood, Fair Lawn, Garfield, Lodi, Mahwah, Ramsey, Saddle Brook, Wyckoff, and surrounding municipalities. Bergen County landlord-tenant matters are heard in the Special Civil Part at the Bergen County Justice Center in Hackensack.
Cranford Office — Union County
20 Jackson Dr., Suite 107, Cranford, NJ 07016 Phone/Text: 908-271-6931
The Cranford office serves landlords and tenants throughout Union County, including Cranford, Westfield, Elizabeth, Linden, Rahway, Plainfield, Summit, Union Township, Springfield, Clark, Roselle, Kenilworth, and surrounding communities. Union County landlord-tenant matters are heard in the Special Civil Part at the Union County Courthouse in Elizabeth.
Newark Office — Essex County
625 Broad St., Suite 240, Newark, NJ 07102 Phone/Text: 908-271-6931
The Newark office serves landlords and tenants throughout Essex County, including Newark, East Orange, Irvington, Maplewood, South Orange, Bloomfield, Nutley, Belleville, Montclair, Glen Ridge, and surrounding Essex County municipalities. Essex County landlord-tenant matters are heard in the Special Civil Part at the Essex County Courts Facility in Newark.
Montclair Office — Essex County
28 Valley Rd., Montclair, NJ 07042 Phone/Text: 908-271-6931
The Montclair office provides an additional convenient meeting location for Essex County clients in Montclair, Glen Ridge, Bloomfield, Verona, Cedar Grove, Caldwell, West Caldwell, Essex Fells, and the surrounding area. Essex County landlord-tenant filings are handled through the Newark courthouse.
Totowa Office — Passaic County
999 Riverview Drive, 2nd Floor, Totowa, NJ 07512 Phone/Text: 908-271-6931
The Totowa office serves landlords and tenants throughout Passaic County, including Totowa, Paterson, Clifton, Passaic, Wayne, Little Falls, West Milford, Pompton Lakes, Ringwood, Hawthorne, and surrounding Passaic County communities. Passaic County landlord-tenant matters are heard in the Special Civil Part at the Passaic County Courthouse in Paterson.
Parsippany Office — Morris County
1719 NJ-10, Suite 300, Parsippany, NJ 07054 Phone/Text: 908-271-6931
The Parsippany office serves landlords and tenants throughout Morris County, including Parsippany-Troy Hills, Morris Township, Rockaway, Roxbury, Mount Olive, Jefferson, Boonton, Mountain Lakes, Denville, and surrounding Morris County municipalities. Morris County landlord-tenant matters are heard in the Special Civil Part at the Morris County Courthouse in Morristown.
Morristown Office — Morris County
55 Madison Ave., Suite 400, Morristown, NJ 07960 Phone/Text: 908-271-6931
The Morristown office provides an additional convenient meeting location for Morris County clients in Morristown, Madison, Florham Park, Chatham, Morris Plains, Long Hill Township, and surrounding communities. Morris County landlord-tenant filings are handled through the Morris County Courthouse.
Frequently Asked Questions About New Jersey Landlord-Tenant Law
Can a landlord evict a tenant without a lease in New Jersey? Yes — but the process is the same. A month-to-month tenant without a written lease still has all the protections of the Anti-Eviction Act. The landlord must provide proper written notice and file in the Special Civil Part. There is no shortcut for tenants without leases.
How long does eviction take in New Jersey? A straightforward non-payment case can move from filing to a hearing in two to three weeks. If the tenant does not contest, a judgment may be entered at the first hearing. The Warrant for Removal adds additional time after judgment. Contested cases, cases involving habitability defenses, or cases in high-volume counties can take longer. From initial notice to actual removal, most uncontested evictions take four to eight weeks.
Does a landlord need a lawyer for eviction court in New Jersey? Landlords who are individuals (not corporations or LLCs) can represent themselves in the Special Civil Part. However, LLCs and corporations must be represented by an attorney. Even for individual landlords, procedural errors — defective notices, improper service, incorrect complaint forms — are common and can result in dismissal and restarting the process from the beginning.
What if a tenant pays the back rent before the hearing? In a non-payment case, a tenant who pays all past-due rent, court costs, and reasonable attorney fees before judgment may be entitled to have the case dismissed. This is known as the "right to cure" and is deeply embedded in New Jersey landlord-tenant practice. A landlord cannot refuse the money and proceed to evict — the payment stops the case.
Can a landlord in New Jersey raise rent whenever they want? Not always. New Jersey does not have statewide rent control, but many municipalities — including Newark, Hoboken, Jersey City, Passaic, and others — have their own rent control ordinances that limit how much and how often rent can be increased. Bergen County municipalities and Union County municipalities vary; some have local ordinances, many do not. A landlord should confirm whether the specific municipality has rent control before raising rent.
Can a tenant withhold rent for repairs in New Jersey? New Jersey courts recognize rent withholding and rent escrow as remedies when a landlord fails to maintain habitable conditions. A tenant who withholds rent without following the proper procedures, however, is still subject to eviction for non-payment. The right process involves providing written notice to the landlord of the conditions, giving a reasonable opportunity to repair, and — if not repaired — either filing a claim with the local housing inspector or raising habitability as a defense in eviction proceedings.
What is ejectment and how is it different from eviction in New Jersey? Eviction applies to landlord-tenant relationships — when a tenant has a lease or rental agreement, even an informal one. Ejectment is the correct legal remedy when someone occupies property without any tenancy relationship — a former owner who refuses to leave after a foreclosure sale, a family member who moved in without a lease, or a squatter. Ejectment is filed as a civil action in Superior Court, not in the Special Civil Part, and follows a different process. Lewis Legal handles both.
I am a tenant in Cranford and my landlord locked me out. What do I do? This is an illegal lockout. You can file an emergency application in the Union County Special Civil Part in Elizabeth for immediate restoration to possession. Courts treat illegal lockouts seriously and can order the landlord to restore access the same day. Contact Lewis Legal's Cranford office at 20 Jackson Dr., Suite 107, Cranford, NJ 07016, or call 908-271-6931 for immediate guidance.
I am a landlord in Paramus and my tenant has not paid rent in three months. Where do I start? Start with a proper written notice — both a Notice to Cease and a Notice to Quit are typically required for non-payment cases. Once the notice period expires, you file a Landlord-Tenant Complaint in the Bergen County Special Civil Part in Hackensack. Lewis Legal's Paramus office at 140 E. Ridgewood Ave., Suite 415, South Tower, Paramus, NJ 07652 handles Bergen County filings. Call 908-271-6931 to discuss next steps.
Contact Lewis Legal LLC
Lewis Legal handles landlord-tenant matters for landlords and tenants throughout Bergen, Union, Essex, Passaic, and Morris Counties — from initial notices through eviction hearings, ejectment actions, and lease disputes.
Primary Offices:
Paramus (Bergen County) 140 E. Ridgewood Ave., Suite 415, South Tower, Paramus, NJ 07652
Cranford (Union County) 20 Jackson Dr., Suite 107, Cranford, NJ 07016
Additional Meeting Locations (by appointment):
Newark (Essex County) — 625 Broad St., Suite 240, Newark, NJ 07102 Montclair (Essex County) — 28 Valley Rd., Montclair, NJ 07042 Totowa (Passaic County) — 999 Riverview Drive, 2nd Floor, Totowa, NJ 07512 Parsippany (Morris County) — 1719 NJ-10, Suite 300, Parsippany, NJ 07054 Morristown (Morris County) — 55 Madison Ave., Suite 400, Morristown, NJ 07960
Phone/Text: 908-271-6931 Email: erin@elewislegal.com Fax: 908-271-7091
In-person, virtual (Zoom or FaceTime), and evening or weekend appointments available by arrangement.
This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Laws and procedures may change. Contact a licensed New Jersey attorney for advice specific to your situation.