Ask the Lawyer: Two Common NJ Eviction Questions
Here are two of the most common questions I get asked—and the answers you need to know.
1- My tenant is a holdover. Can I evict them?
If your tenant is paying rent and is not in material breach of the lease, you cannot evict them unless one of the statutory grounds under N.J.S.A. 2A:18-61.1 applies. New Jersey’s Anti-Eviction Act provides strong tenant protections, meaning you need a valid legal reason—such as non-payment of rent, lease violations, or certain other circumstances—to proceed with an eviction.
2- Can I evict a tenant if I want to live in the property?
Yes, but only if the property is a three-family dwelling or less. Under N.J.S.A. 2A:18-61.1(l)(3), a landlord can evict a tenant if they intend to personally occupy the unit. However, the law requires you to provide the tenant with at least two months' written notice before filing for eviction, as stated in N.J.S.A. 2A:18-61.2(b).
Have other eviction questions? Drop them in the comments or reach out.


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In New Jersey, a landlord can’t just file for eviction—except in cases of nonpayment of rent. For most residential evictions, the landlord must first serve a written notice to quit and a demand for possession (and in some cases, a prior notice to cease is also required). Courts have long distinguished between the two. As the Appellate Division explained in Kroll Realty, Inc. v. Fuentes, 163 N.J. Super. 23, 26 (App. Div. 1978), the notice to quit terminates the tenancy, while the demand for possession is a jurisdictional requirement. In practice, these two requirements are usually combined in one written notice. Courts recognize this combined notice as satisfying the jurisdictional requirement. See Hous. Auth. of City of Newark v. Caldwell, 247 N.J. Super. 595, 599 (Law Div. 1991), which states that in practice, the notice to quit and demand for possession are combined and considered jurisdictional. If these steps are skipped or done improperly, the case may be dismissed.

Under New Jersey law, a landlord may evict a tenant for violating rules and regulations, but only if: (1) The rules and regulations are reasonable, and (2) The tenant agreed to them in writing, or they were included in the lease from the start. (N.J.S.A. 2A:18-61.1(d)) If a tenant violates these rules: (1) The landlord must first serve a Notice to Cease, giving the tenant a clear opportunity to correct the violation. (2) If the violation continues, the landlord may serve a Notice to Quit and Demand for Possession, but cannot file for eviction until at least one month later. (N.J.S.A. 2A:18-61.1(d)) Even after an eviction judgment is entered, the tenant has the legal right to cure the violation. (Jersey City Mgmt. v. Garcia, 321 N.J. Super. 543 (App. Div. 1999)). Proper notices and timing are mandatory to avoid dismissal of the case.

Sounds like a buddy cop movie… but it's really about liability. Good Guy Guaranty (in a lease): You’re personally liable until you vacate and return the keys like a mensch. Bad Boy Provisions (in a loan): You’re not personally liable — unless you do something shady, like fraud or unauthorized transfers. The other punishes bad behavior. Both can cost you. Know what you’re signing.

Yes — under N.J.S.A. 2A:18-61.1(m), if the superintendent’s tenancy was conditioned on their employment and that employment has ended, you have a statutory basis to proceed with eviction. Jewish Center of Sussex County v. Whale, 165 N.J. Super. 84 (Ch. Div. 1978), aff’d 172 N.J. Super. 165 (App. Div. 1980)

Under the Anti-Eviction Act, a landlord must renew a tenancy unless there is good cause not to, and cannot terminate a tenancy without good cause (N.J.S.A. 2A:18-61.3(a)). However, at the end of a lease, a landlord may offer a new lease with increased rent or modified terms if the changes are reasonable and the rent increase is not unconscionable (N.J.S.A. 2A:18-61.1(f), (i)). If a tenant fails to pay a reasonable rent increase after proper written notice, the landlord may evict — provided the increase is not unconscionable and complies with any municipal rent control ordinance (N.J.S.A. 2A:18-61.1(f)). There is no fixed “reasonable” number—judges have discretion. Consult an attorney to determine what would likely hold up in court.

Landlords in New Jersey have limited grounds to evict residential tenants—but one key exception exists when it comes to personal use: Under N.J.S.A. 2A:18-61.1(l)(3), a landlord may pursue eviction if: -The rental property contains three or fewer residential units, and -The landlord seeks to personally occupy one of the units, or -The property is being sold to a purchaser who intends to personally occupy the unit. This provision allows small-scale property owners and buyers to reclaim property for genuine personal use—but it must be done properly and within the framework of New Jersey’s Anti-Eviction Act.

While New Jersey’s Anti-Eviction Act generally prohibits landlords from removing residential tenants without good cause, there are specific statutory exceptions. One such ground applies to holdover tenants who consistently fail to pay rent on time. Under N.J.S.A. 2A:18-61.1(j), a landlord may remove a tenant who has habitually and without legal justification failed to pay rent when due. The legal process is as follows: Step 1: The landlord must serve a Notice to Cease, warning the tenant that the pattern of late payment must stop. Step 2: If the late payments continue, the landlord may serve a Notice to Quit and file for eviction under the statute. To succeed, the landlord must demonstrate a pattern of repeated, unjustified late payments—a single or isolated instance is not sufficient. As held in Bouie v. Orange Manor East, 2005 WL 375953 (App. Div. 2005), courts require clear evidence of consistent tardiness over time to establish “habitual” conduct.

Under New Jersey’s Anti-Eviction Act (N.J.S.A. 2A:18-61.1 to -61.12), residential tenants can remain in their units indefinitely—as long as they pay rent and no statutory grounds for eviction exist (Maglies v. Estate of Guy). But landlords can propose changes—like increasing rent or updating lease terms—at the end of a lease, as long as: -Proper notice is given -Any local rent control ordinances are followed (N.J.S.A. 2A:18-61.1(f), (i)) If the tenant stays after receiving proper notice, courts may treat that as acceptance of the new terms (Harry’s Vill., Inc. v. Egg Harbor Tp.). If the tenant rejects the changes or doesn’t pay the new rent, the landlord must serve additional statutory notices before initiating eviction. Bottom line: Leases expire. Tenancies don’t—unless every step in the process is followed precisely.