How can a lease be terminated under New Jersey law?
To end a lease, either the tenant or the landlord must give the other a written notice before the end of the lease, stating that the lease will not be renewed. If this written notice is not given or is not given in the required time, then the lease will renew itself automatically, at least on a month-to-month basis, generally with the same terms and conditions.
To end a yearly lease, unless the lease says otherwise, the tenant must give the landlord a written notice of termination at least one full month before the end of the lease. Also, unless the lease says otherwise, the landlord must give the tenant at least one full month’s notice before the end of the lease to terminate a yearly lease so that the landlord can raise the rent or change other terms of the lease. A tenant cannot be evicted just because the landlord ends the lease.
To end a month-to-month lease, or any rental agreement that does not have a specific lease term, either party must give the other a written one-month notice BEFORE the month starts.
How can a lease be terminated in the State of New Jersey?
To end a lease, either the tenant or the landlord must give the other a written notice before the end of the lease, stating that the lease will not be renewed. If this written notice is not given or is not given in the required time, then the lease will renew itself automatically, at least on a month-to-month basis, generally with the same terms and conditions.
To end a yearly lease, unless the lease says otherwise, the tenant must give the landlord a written notice of termination at least one full month before the end of the lease. Also, unless the lease says otherwise, the landlord must give the tenant at least one full month’s notice before the end of the lease to terminate a yearly lease so that the landlord can raise the rent or change other terms of the lease. A tenant cannot be evicted just because the landlord ends the lease.
To end a month-to-month lease, or any rental agreement that does not have a specific lease term, either party must give the other a written one-month notice BEFORE the month starts.
On what grounds can a landlord evict a tenant?
A landlord may bring an action to evict a tenant for the following reasons:
Disorderly conduct. A landlord can evict a tenant who is disorderly to the point that their conduct disturbs the peace and quiet enjoyment of other tenants. The landlord must first issue a notice to cease, and if the behavior continues after the notice is given, the landlord can then issue a notice to quit with a demand for possession. The landlord must wait at least 3 days after issuing the notice to quit before an eviction action can be brought.
Willful or grossly negligent damage to the premises. A tenant can be evicted who, willfully or through gross negligence, causes or allows damage to the rental premises. This does not require a notice to cease but does require a written notice to quit with a 3-day waiting period before an eviction action can be brought.
Violation of the rules and regulations of the landlord and/or violation of lease covenants. A landlord can evict a tenant for a substantial violation of reasonable rules and regulations of the landlord or for substantial violations of the covenants of the lease. A notice to cease is required, along with a notice to quit. There is a 1-month waiting period from the service of the notice to quit before a Summons and Complaint for eviction can be filed.
Failure to pay rent after an increase. A landlord can evict a tenant who fails to pay rent after a notice of increase. No notice to cease or notice to quit is required.
Habitual late payment of rent. A tenant can be evicted for habitual late payment of rent. A notice to cease and a 1-month notice to quit are both required.
Personal occupancy by owner or purchaser of rental unit. Owners of 3 cooperative or condominium units or less, or the owner who occupies a building of 3 residential units or less may bring an action to evict a tenant if the rental unit is to be personally occupied by the owner or buyer of the unit. The landlord must serve a 2-month notice to quit.
Occupancy as consideration of employment. In some cases, an employee will be offered a unit "rent free" as a benefit of employment. This only applies when the tenant became an employee simultaneous to or before becoming a tenant. If the tenant quits or loses employment with the landlord, the landlord only needs to serve a 3-day notice to quit terminating the tenancy and demanding possession. Where an existing tenant becomes an employee of the landlord, they must be given an opportunity to continue in possession under a lease for payment of rent.
In the case of a small building (three apartments or less), in which the owner actually lives in one of the apartments, the landlord does not have to prove one of the causes for eviction under the Anti-Eviction Act. But the landlord must still take a tenant to court to evict.
It is illegal for the landlord to evict a person by himself, even if the landlord has gone to court and gotten an eviction order. A constable must be present at the premises for an eviction to be legal. It is illegal for a landlord or anyone else to force a tenant to move out without going through the legal eviction process.
A landlord cannot force a tenant to leave by changing the locks, cutting off utilities or services, using threats or threatening behavior, or harassment. It is also illegal for a landlord to seize a tenant’s property for unpaid rent.
Residents of licensed rooming and boarding homes are protected from self-help evictions. Owners must evict residents through the same court process as any other tenant. Guests in hotels and motels do not have to be taken to court to be evicted. The hotel owner or operator can lock guests out of their rooms if they don’t pay their bills or if they disturb the peace. However, some hotels and motels are really rooming and boarding houses because people live there as their only residence for extended periods of time. The law considers a hotel or motel a rooming and boarding house if at least 15 percent of the rooms are occupied by people who have lived there for more than 90 days. This means that all of the residents (but not the guests) at the hotel or motel have the same rights as rooming and boarding house residents, including the right to be evicted only through court process.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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