N.J.S.A. 2A:18-61.1 and 2A:18-61.2 — Grounds for removal of tenants; required notice

Source officielle : nj.gov — New Jersey Department of Community Affairs, publication "Eviction Law" (texte de loi reproduit) — page consultée le 2026-11-04.

2A:18-61.1 Grounds for removal of tenants 
 
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 wi th not more than two rental units or a hotel, motel or 
other guesthouse or part thereof rented to a transient guest or seasonal tenant; (2) a dwelling unit which is held in 
trust on behalf of a member of the immediate family of t he person or persons establishing the trust, provided that the 
member of the immediate family on whose behalf the trus t is established permanently occupies the unit; and (3) a 
dwelling unit which is permanently occupied by a member of the immediate family of the owner of that unit, provided, 
however, that exception (2) or (3) shall apply only in case s in which the member of the immediate family has a 
developmental disability, except upon establishment of one of the following grounds as good cause:
 
a. The person fails to pay rent due and owing under the le ase 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 dang er of discontinuance based on non payment by the 
landlord, shall not be deemed to be unpaid rent. 
b. The person has continued to be, after written notice to cease, so disorderly as to destroy the peace and 
quiet of the occupants or other tenants living in said house or neighborhood. 
c. The person has willfully or by reason of gross neglig ence caused or allowed destruction, damage or injury 
to the premises. 
d. The person has continued, after written notice to ce ase, to substantially violate or breach any of the 
landlord's rules and regulations governing said premises, provided such rules and regulations are 
reasonable and have been accepted in writing by the tenant or made a part of the lease at the beginning of 
the lease term. 
e. (1) The person has continued, after written notice to ce ase, 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 cove nant or agreement, provided that such covenant or 
agreement is reasonable and was contained in the lease at the beginning of the lease term. 
(2) In public housing under the control of a public housing authority or redevelopment agency, the person 
substantially violated or breached any of the co venants or agreements contained in the lease for the 
premises pertaining to illegal uses of controlled dangerous substances, or other illegal activities, whether or 
not a right of reentry is reserved to the landlord in th e lease for a violation of such covenant or agreement, 
provided that such covenant or agreement conforms to federal guidelines regarding such lease provisions 
and was contained in the lease at the beginning of the lease term. 
f. The person has failed pay rent after a valid notice to quit and notice of increase of said rent, provided the 
increase in rent is not unconscionable and complies with any an all other laws or municipal ordinances 
governing rent increases. 
g. The landlord or owner (1) seeks to permanently board up or demolish the premises because he has been 
cited by local or State housing inspectors for substantial violations affecting the health and safety of tenants 
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and it is economically unfeasible for the owner to elimi nate the violations; (2) seeks to comply with local or 
State housing inspectors who have cited him for substantial violations affecting the health and safety of 
tenants and it is unfeasible to so comply without re moving the tenant; simultaneously with service of notice 
of eviction pursuant to this clause, the landlord shall notify the Department of Community Affairs of the 
intention to institute proceedings and shall provide the department with such other information as it may 
require pursuant to rules and regulations. The department shall inform all parties and the court of its view 
with respect to the feasibility of compliance without removal of the tenant and may in its discretion appear 
and present evidence; (3) seeks to correct an illegal occupancy because he has been cited by local or 
State housing inspectors or zoning officers and it is unfeasible to correct such illegal occupancy without 
removing the tenant; or (4) is a governmental agency wh ich seeks to permanently retire the premises from 
the rental market pursuant to a redevelopment or la nd clearance plan in a bli ghted area. In those cases 
where the tenant is being removed for any reason specified in this subsection , no warrant for possession 
shall be issued until P.L. 1967, c.79 (C.52:31B-1 et s eq.) and P.L. 1971, c.362 (C.20:4-1 et seq.) have 
been complied with. 
h. The o
wner seeks to retire permanently the residential building or the mobile home park from residential use
or use as a mobile home park, provided this subsection shall not apply to circumstances covered under
subsection g. of this section.
i. The lan
dlord or owner proposes, at the termination of a lease, reasonable changes of substance in the
terms and conditions of the lease, including specifica lly any change in the term thereof, which the tenant,
after written notice, refuses to accept; provided that in cases where a tenant has received a notice of
terminatio
n pursuant to subsection g. of section 3 of P.L.1974, c.49 (C.2A:18- 61.2), or has a protected
tenancy status pursuant to sectio n 9 of the "Senior Citizens and Disabled Protected Tenan cy Act,"
P.L.1981, c.2
26 (C.2A:18-61.30), or pursuant to the "Tenant Protection Act of 1992," P.L.1991, c.509
(C.2A:18-61.40 et al.), the landlord or owner shall have the burden of proving that any change in the term s
and 
conditions of the lease, rental or regulations both is reasonable and does not substantially reduce th e
rights a
nd privileges to which the tenant was entitled prior to the conversion.
j. The perso
n, after written notice to cease, has habitually and without legal justification failed to pay re nt
whi
ch is due and owing.
k. The lan
dlord or owner of a building or mobile home park is converting from the rental market to a
condominium, cooperative or fee simp le ownership of two or more dwelli ng units or park sites, except as
hereinafter provided in subsection l. of this section. Where the tenant is being removed pursuant to this
subsection, no warrant for possession shall be issued until this act has been complied with. No action for
posse
ssion shall be brought pursuant to this subsection against any senior citizen tenant or disabled tenant
with protecte
d tenancy status pursuant to the “Senior Citizens and Disabled Tenancy Act,” P.L. 1981, c.226
(C.2A:18-61.22 et al), or against a qualified tenant under the “Tenant Protection Ac t of 1992,” P.L. 199 1,
c.509
 (C2A:18-61.40 et al), as long as the agency has not terminated the protec ted tenancy status or th e
prote
cted tenancy period has not expired.
l. (1) T
he owner of a building or mobile home park, wh ich is constructed as or being converted to a
condominium, cooperative or fee simple ownership, seeks to evict a tenant or sublessee whose initial
tenancy began after the master deed, agreement est ablishing the cooperative or subdivision plat wa
s
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recorded, because the owner has contracted to sell the unit to a buyer who seeks to personally occupy it 
and the contract for sale calls for the unit to be vacant at the time of closing. However, no action shall be 
brought against a tenant under paragraph (1) of this subsection unless the tenant was given a statement in 
accordance with section 6 of P.L.1975, c.311 (C.2A:18-61.9); 
(2) The owner of three or less condominium or cooper ative units seeks to evict a tenant whose initial 
tenancy began by rental from an owner of three or less units after the master deed or agreement 
establishing the cooperative was reco rded, because the owner seeks to personally occupy the unit, or has 
contracted to sell the unit to a buyer who seeks to personally occupy it and the contract for sale calls for the 
unit to be vacant at the time of closing; 
(3) The owner of a building of three residential units or less seeks to personally occupy a unit, or has 
contracted to sell the residential unit to a buyer who wishes to personally occupy it and the contract for sale 
calls for the unit to be vacant at the time of closing. 
m. The landlord or owner conditioned the tenancy upon and in consideration for the tenant’s employment by 
the landlord or owner as superintendent, janitor or in some other capacity and such employment is being 
terminated. 
n. The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on 
the basis of an act which if committed by an adult would constitute an offense under the "Comprehensive 
Drug Reform Act of 1987," N.J.S.2C:35-1 et al. involv ing the use, possession, manufacture, dispensing or 
distribution of a controlled dangerous substance, controlled dangerous substance analog or drug 
paraphernalia within the meaning of that act within or upon the leased premises or the building or complex 
of buildings and land appurtenant thereto, or the mobile home park, in which those premises are located, 
and has not in connection with his sentence for that o ffense either (1) successfully completed or (2) been 
admitted to and continued upon probation while comple ting, a drug rehabilitation program pursuant to 
N.J.S.2C:35-14; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored 
therein a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a 
person to occupy those premises for residential purpos es, whether continuously or intermittently, except 
that this subsection shall not apply to a person harboring or permitting a juvenile to occupy the premises if 
the juvenile has been adjudicated delinquent upon the basis of an act which if committed by an adult would 
constitute the offense of use or possession under the said act. No action for removal may be brought 
pursuant to this subsection more than two years afte r the date of the adjudication or conviction or more 
than two years after the person's release from incarceration whichever is the later. 
o. The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on 
the basis of an act which if committed by an adult w ould constitute an offens e under N.J.S.2C:12-1 or 
N.J.S.2C:12-3 involving assault, or te rrorist threats against the landlord, a member of the landlord's family 
or an employee of the landlord; or, being the tenant or lessee of such leased premises, knowingly harbors 
or harbored therein a person who has been so convict ed or has so pleaded, or otherwise permits or 
permitted such a person to occupy those premises for residential purposes, whether continuously or 
intermittently. No action for removal may be brought purs uant to this subsection more than two years after 
the adjudication or conviction or more than two year s after the person's release from incarceration 
whichever is the later. 
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p. The person has been found, by a preponderance of t he evidence, liable in a civil action for removal 
commenced under this act for an offense under N.J.S.2C: 20-1 et al. involving theft of property located on 
the leased premises from the landlord, the leased premises or other ten ants residing in the leased 
premises, or N.J.S.2C:12-1 or N.J.S. 2C:12-3 involving assault or terror ist threats against the landlord, a 
member of the landlord's family or an employee of the landlord, or under the "Comprehensive Drug Reform 
Act of 1987," N.J.S.2C:35-1 et al., in volving the use, possession, manufacture, dispensing or distribution of 
a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia within the 
meaning of that act within or upon the leased premis es or the building or complex of buildings and land 
appurtenant thereto, or the mobile home park, in which those premises are located, and has not in 
connection with his sentence for that offense either (1 ) successfully completed or (2) been admitted to and 
continued upon probation while completing a drug rehab ilitation program pursuant to N.J.S.2C:35-14; or, 
being the tenant or lessee of such leased premises , knowingly harbors or harbored therein a person who 
committed such an offense, or otherwise permits or pe rmitted such a person to occupy those premises for 
residential purposes, whether continuously or intermittent ly, except that this subsection shall not apply to a 
person who harbors or permits a juvenile to occupy the premises if the juvenile has been adjudicated 
delinquent upon the basis of an act which if committed by an adult would constitute the offense of use or 
possession under the said "Comprehensive Drug Reform Act of 1987. 
q. The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on 
the basis of an act which if committed by an adult woul d constitute an offense under N.J.S.2C:20-1 et al. 
involving theft of property from the landlord, the le ased premises or other ten ants residing in the same 
building or complex; or, being the tenant or lessee of such leased premises, knowingly harbors therein a 
person who has been so convicted or has so pleaded, or otherwise permits such a person to occupy those 
premises for residential purposes, whether continuously or intermittently. 
 
For purposes of this section, (1) "dev elopmental disability" means any disabilit y which is defined as such pursuant to 
section 3 of P.L.1977, c.82 (C .30:6D-3); (2) "member of the immediate fa mily" means a person's spouse, parent, child 
or sibling, or a spouse, parent, child or sibling of any of them; and (3) "permanently" occupies or occupied means that 
the occupant maintains no other domicile at which the occupant votes, pays rent or property taxes or at which rent or 
property taxes are paid on the occupant's behalf. 
L.1974,c.49,s.2; Amended 1975, c.311, s.1; 1981, c.8, s.1; 1981, c.226, s.13; 1989, c.294, s.1; 1991, c.91, s.68; 1991, c.307; 1991, c.509, s.19; 
1993, c.342, s.1; 1995, c.269; 1996, c.131; 1997,c.228,s.1.L.2000, c.113, s.3


2A:18-61.2 Removal of residential tenants; required notice; contents; service. 
 
No judgment of possession shall be entered for any premis es 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. The following notice shall be required: 
 a. For an action alleging disorderly conduct under subsecti on b. of section 2, or injury to the premises under 
subsection c. of section 2, or any grounds under subsection m., n., o. or p. of section 2, three days' notice 
prior to the institution of the action for possession; 
 b. For an action alleging continued violation of ru les and regulations under subs ection 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; 
 c. For an action alleging any grounds under subsection g. of section 2, three months' notice prior to the 
institution of the action; 
 d. For an action alleging permanent retirement under subsection h. of section 2, 18 months' notice prior to 
the institution of the action and, provided that, wh ere there is a lease in effect, no action may be 
instituted until the lease expires; 
 e. For an action alleging refusal of acceptance of reasonable lease changes under subsection i. of section 
2, one month's notice prior to institution of action; 
 f. For an action alleging any grounds under subsecti on l. of section 2, two months' notice prior to the 
institution of the action and, provid ed that where there is a written lease in effect no action shall be 
instituted until the lease expires; 
 g. For an action alleging any grounds under subsection k. of section 2, three years' notice prior to the 
institution of action, and provided that where there is a written lease in effect, no action shall be instituted 
until the lease expires; 
 h. In public housing under the control of a public housing authority or redevelopment agency, for an action 
alleging substantial breach of contract under paragra ph (2) of subsection e. of section 2, the period of 
notice required prior to the institution of an action for possession shall be in accordance with federal 
regulations pertaining to public housing leases. 
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The notice in each of the foregoing inst ances 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. 
L.1974,c.49, s.3; Amended L.1975, c.311, s.2; L.1981, c.8, s.2; L.1986, c.138, s.1; L.1989, c.294, s.2; L.1997,c.228,s.2.