How Does New Jersey Landlord Remove Tenant That Was A Boyfriend?
Full Question:
Answer:
In New Jersey, a landlord must give notice before evicting tenants. A tenant without a written lease is typically considered a month-to-month tenant-at-will. If the tenant fails to leave after the notice, they may be removed through the eviction process. The eviction process for a tenant in default is not waived when the tenant is in more severe financial straits.
Please see the NJ statutes below to determine applicability:
2A:18-61.2 Removal of residential tenants; required notice; contents;
service.
No judgment of possession shall be entered for any premises 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 subsection 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 rules and regulations
under subsection 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, where 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 subsection l. of
section 2, two months' notice prior to the institution of the action and,
provided 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 paragraph (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.
The notice in each of the foregoing instances 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.
2A:18-53. Removal of tenant in certain cases; jurisdiction
Except for residential lessees and tenants included in section 2 of
this act, any lessee or tenant at will or at sufferance, or for a part of
a year, or for one or more years, of any houses, buildings, lands or
tenements, and the assigns, undertenants or legal representatives of such
tenant or lessee, may be removed from such premises by the Superior
Court, Law Division, Special Civil Part in an action in the following
cases:
a. Where such person holds over and continues in possession of all or
any part of the demised premises after the expiration of his term, and
after demand made and written notice given by the landlord or his agent,
for delivery of possession thereof. The notice shall be served either
personally upon the tenant or such person in possession by giving him a
copy thereof or by leaving a copy of the same at his usual place of abode
with a member of his family above the age of 14 years.
b. Where such person shall hold over after a default in the payment of
rent, pursuant to the agreement under which the premises are held.
c. Where such person
(1) shall be so disorderly as to destroy the peace
and quiet of the landlord or the other tenants or occupants living in
said house or the neighborhood, or
(2) shall willfully destroy, damage or
injure the premises, or
(3) shall constantly violate the landlord's rules
and regulations governing said premises, provided, such rules have been
accepted in writing by the tenant or are made a part of the lease; or
(4)
shall commit any breach or violation of any of the covenants or
agreements in the nature thereof contained in the lease for the premises
where a right of re-entry is reserved in the lease for a violation of
such covenants or agreements, and shall hold over and continue in
possession of the demised premises or any part thereof, after the landlord
or his agent for that purpose has caused a written notice of the
termination of said tenancy to be served upon said tenant, and a demand
that said tenant remove from said premises within three days from the
service of such notice.
The notice shall specify the cause of the
termination of the tenancy, and shall be served either personally upon
the tenant 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.
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 with not more than two rental units or a hotel,
motel or other guest house 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 the person or persons establishing
the trust, provided that the member of the immediate family on whose
behalf the trust 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 cases 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 lease 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 danger of discontinuance based on
nonpayment 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 negligence caused or
allowed destruction, damage or injury to the premises.
d. The person has continued, after written notice to cease, 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 cease, 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 covenant 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 has substantially violated or
breached any of the covenants 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 the 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 to 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 and 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 and it is economically unfeasible for the owner to eliminate 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 removing 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 which seeks to permanently retire
the premises from the rental market pursuant to a redevelopment or land
clearance plan in a blighted 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 seq.)
and P.L. 1971, c. 362 (C. 20:4-1 et seq.) have been complied with.
h. The owner 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 landlord or owner proposes, at the termination of a lease,
reasonable changes of substance in the terms and conditions of the
lease, including specifically 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 termination 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 section 9 of the "Senior Citizens and
Disabled Protected Tenancy Act," P.L. 1981, c. 226 (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 terms and conditions of the lease, rental
or regulations both is reasonable and does not substantially reduce the
rights and privileges to which the tenant was entitled prior to the
conversion.
j. The person, after written notice to cease, has habitually and
without legal justification failed to pay rent which is due and owing.
k. The landlord or owner of the building or mobile home park is
converting from the rental market to a condominium, cooperative or fee
simple ownership of two or more dwelling 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
possession shall be brought pursuant to this subsection against a senior
citizen tenant or disabled tenant with protected tenancy status pursuant
to the "Senior Citizens and Disabled Protected Tenancy Act," P.L. 1981,
c. 226 (C. 2A:18-61.22 et al.), or against a qualified tenant under the
"Tenant Protection Act of 1992," P.L. 1991, c. 509 (C. 2A:18-61.40 et
al.), as long as the agency has not terminated the protected tenancy
status or the protected tenancy period has not expired.
l.
(1) The owner of a building or mobile home park, which 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 establishing the
cooperative or subdivision plat was 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 cooperative 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 recorded, 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. involving
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 offense
either (1) successfully completed or (2) been admitted to and continued
upon probation while completing, 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 purposes, 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 after 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 would constitute an offense under N.J.S. 2C:12-1 or
N.J.S. 2C:12-3 involving assault, or terroristic 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 convicted
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 pursuant to this
subsection more than two years after the adjudication or conviction or
more than two years after the person's release from incarceration
whichever is the later.
p. The person has been found, by a preponderance of the 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
tenants residing in the leased premises, or N.J.S. 2C:12-1 or N.J.S.
2C:12-3 involving assault or terroristic 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.,
involving 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 offense
either (1) successfully completed or (2) been admitted to and continued
upon probation while completing 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 committed such an
offense, or otherwise permits or permitted such a person to occupy those
premises for residential purposes, whether continuously or
intermittently, 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 would constitute an offense under N.J.S. 2C:20-1 et
al. involving theft of property from the landlord, the leased premises or
other tenants 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) "developmental disability" means any
disability which is defined as such pursuant to section 3 of P.L. 1977,
c. 82 (C. 30:6D-3);
(2) "member of the immediate family" 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.
