New Jersey landlords know that the path to removing a residential tenant is often treacherous. This is due in large part to our Anti Eviction Act, which requires a landlord to establish a ground for eviction in order to prevail in court.
Any tenant on a month to month lease can simply terminate the tenancy by giving the landlord a one month written notice. However, that right does not in turn belong to the landlord, who must establish a legal basis under the Act for removing the tenant.
The Anti Eviction Act requires one or more written notices to evict a tenant when, for example, s/he has engaged in habitual late payment of rent or disturbing the peace. No notice is required when the tenant has failed to pay rent. Yet the eviction process is inherently complex due to the Anti Eviction Act and the advice of an experienced attorney is essential.
Owners of rental properties who occupy the property get a break from the Anti Eviction Act, which does not apply to owner occupied properties with two or fewer rental units. If the tenant in such a situation has an unexpired lease, then the landlord cannot remove the tenant until the lease expires. Then the New Jersey Summary Dispossess Act requires the landlord to give the tenant one months written notice to quit. It should be noted that the property may contain no more than three rental units total, one of which is occupied by the owner).
Contact me today for a free consultation.
