New Jersey (NJ) eviction guide
Quick answer
To evict a tenant in New Jersey, a landlord must first serve written notice, wait the required period (as short as 3 days for illegal activity or as long as 30 days for nonpayment and lease violations), then file a complaint in the Special Civil Part of Superior Court. The court schedules a hearing at least 21 days after service, and if the landlord wins a judgment for possession, a warrant for removal can issue 3 business days later. The full process typically takes 3 to 8 weeks for standard nonpayment cases.
| Legal grounds | Nonpayment of rent, lease violations, illegal activity, disorderly conduct, property damage, end of tenancy |
|---|---|
| Minimum notice | 3 days (illegal activity) |
| Where to file | Special Civil Part of Superior Court (county where property is located) |
| Filing fee | About $50 to $60 for one defendant (plus $7 service fee) |
| Typical timeframe | 3 to 8 weeks (nonpayment); longer for lease-violation cases |
Used for illegal activity, serious property damage, disorderly conduct, or employee-tenant termination -- no prior Notice to Cease is required.
Required for most lease violations; the landlord must first demand the tenant stop the behavior, then give 30 days to vacate if it continues.
Used for habitual nonpayment of rent when the landlord wants to end the tenancy rather than simply collect overdue rent.
Required when the landlord seeks to remove a tenant based on substantial health or safety violations on the property.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve Written Notice | 3 to 30 days (varies by ground) | Deliver the correct notice type in writing; the clock starts the day after the tenant receives it. |
| 2. Wait Out the Notice Period | 3 days to 30 days | Do not file court papers until the full notice period expires and the tenant has not complied. |
| 3. File a Verified Complaint | 1 to 3 days to file | Submit the complaint, lease, property registration statement, and case information statement to the Special Civil Part in the county where the property sits; pay the roughly $50 to $60 filing fee. |
| 4. Serve the Summons and Complaint | A few days to 2 weeks | The court issues a summons with a hearing date at least 21 days from the date of service on the tenant. |
| 5. Attend the Court Hearing | 21 to 30 days after service | Both parties appear; the judge may refer the case to mediation first, then hears evidence and issues a judgment for possession if the landlord prevails. |
| 6. Obtain and Execute Warrant for Removal | 3 business days after judgment, then 3 business days for tenant to vacate | The landlord applies for the warrant no sooner than 3 business days after judgment; a Special Civil Part officer -- not the landlord -- carries out the physical removal. |
Filing a Landlord/Tenant complaint in New Jersey costs about $50 for one defendant plus a $7 service fee, with $5 for each additional defendant. Total out-of-pocket costs including service and any attorney fees typically range from $150 to $500+ for uncontested cases and can climb significantly if the tenant contests.
After a judgment for possession, the landlord applies for a warrant for removal, which cannot be issued to a Special Civil Part officer until 3 business days after the judgment. The tenant then has 3 business days after the warrant is served to vacate; only a court-authorized Special Civil Part officer may perform the physical lockout. Self-help eviction -- changing locks, removing belongings, or shutting off utilities without a court order -- is illegal in New Jersey and exposes the landlord to liability.
General information, not legal advice. Governing statute: N.J.S.A. 2A:18-53 and 2A:18-61.1 et seq.. Self-help eviction is illegal everywhere; always follow the court process.
New Jersey eviction FAQ
A straightforward nonpayment eviction typically takes **3 to 8 weeks** from notice to lockout. The notice period adds 3 to 30 days, the court hearing must be scheduled at least 21 days after service, and the warrant for removal adds another 3 to 6 business days. Contested cases or those involving a tenant's request for orderly removal can stretch to several months.
The court filing fee is about **$50 for one defendant** plus a $7 service fee; each additional defendant adds $5. Total costs including any constable fees and attorney fees typically run **$150 to $500** for uncontested cases, with contested evictions costing considerably more if legal representation is needed.
No. New Jersey strictly prohibits self-help evictions. A landlord cannot change the locks, remove a tenant's belongings, or shut off utilities to force a tenant out. Every eviction must go through the **Special Civil Part of Superior Court**, and only a court-authorized officer can carry out a physical removal.
Yes. New Jersey has strong just-cause eviction protections under **N.J.S.A. 2A:18-61.1**. A landlord must have one of the statutory grounds -- such as nonpayment of rent, lease violation, illegal activity, or personal use of the unit -- before serving notice or filing in court. Month-to-month tenants cannot be evicted without cause.
If a tenant pays all rent owed, late fees, and court costs within **3 business days** of the judgment for possession, the eviction must be dismissed under N.J.S.A. 2A:18-55. This right to cure by paying exists only for nonpayment cases and cannot be used repeatedly by a tenant who habitually withholds rent.
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