Simone Lawson
The topic of written notice in the state of New Jersey is a complex one, with many nuances and exceptions. Generally, written notice is required in various scenarios, such as lease terminations, rent increases, and eviction proceedings. For instance, landlords are mandated to provide tenants with a written notice period before increasing rent, which depends on the lease term. In the case of month-to-month leases, a landlord must give a month's notice, while for yearly leases, this extends to three months. Written notice is also integral to eviction proceedings, with landlords required to issue a Notice to Cease and a Notice to Quit, with specific time frames and conditions outlined. These notices are not required in cases of non-payment of rent, where landlords can proceed directly to court. The state's landlord-tenant laws are stringent, and proper procedures must be followed to ensure a valid eviction.
| Characteristics | Values |
|---|---|
| Lease or rental agreement termination | Landlord must give tenant a written notice |
| Non-payment of rent | No notice required |
| Month-to-month tenancy | Landlord must give tenant a written one-month notice |
| Yearly leases | Landlord must give tenant three months' notice |
| Other lease terms | Landlord must give tenant one term's notice |
| Lease violations | Landlord must give tenant a 30-day notice to quit |
| Late rent payments | Landlord can give tenant a 30-day notice to quit |
| Disorderly conduct | Landlord must give tenant a notice to cease |
| Property disposal | Landlord must notify tenant through certified mail or receipted first-class mail |
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What You'll Learn
Landlord-tenant notices
In New Jersey, landlords must follow specific rules and procedures when attempting to evict a tenant. One of the first steps in evicting a tenant is for the landlord to terminate the lease or rental agreement. In some cases, the landlord must give the tenant notice before terminating the lease. However, in cases of non-payment of rent, the landlord can proceed directly to court to file an eviction lawsuit against the tenant without prior notice.
Landlords in New Jersey can give tenants a 30-day notice to quit if they continue to violate the lease or rental agreement or pay rent late. The notice must inform the tenant that the landlord will terminate the rental agreement at the end of 30 days and file an eviction lawsuit. If the landlord does not have a legal reason to evict, they must wait until the end of the tenancy and may still need to provide written notice. For a month-to-month tenancy, the landlord must give the tenant a written one-month notice.
In most cases, landlords must give tenants a written notice to cease their disorderly conduct or other violations before moving forward with an eviction. If the tenant continues the conduct after receiving the notice, the landlord can proceed with eviction proceedings. Complaints for reasons other than non-payment of rent generally require notice ending the tenancy, and these notices must be attached to the complaint when filed. Landlords must also send a copy of the complaint and any eviction notice to the Public Housing Authority ("PHA") before filing in court if the residence is public housing.
After a tenant moves out, landlords must notify them through certified mail or receipted first-class mail if they leave any personal property behind. The notice should inform the tenant that they have 33 days to claim their property, after which the landlord can dispose of or sell it. Landlords can also charge the tenant for storage costs during this time.
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Lease termination
In New Jersey, a lease termination letter is a document that can be used by either a landlord or a tenant to provide notice of an intent to terminate a tenancy at a property. The type of notice required will depend on the reason for the termination.
If a landlord wishes to end a month-to-month tenancy, they must give the tenant a written one-month notice. If the tenant continues to violate the lease or rental agreement, or pays rent late, the landlord can give the tenant a 30-day notice to quit. This must inform the tenant that the landlord will terminate the rental agreement at the end of 30 days and may file an eviction lawsuit if the tenant does not cease the conduct in question.
A landlord can give a three-day notice to quit if the tenant's behaviour is particularly unacceptable, and the landlord intends to terminate the lease and begin eviction proceedings at the end of three days. However, in the case of non-payment of rent, no notice is required, and the landlord can proceed directly to court to file an eviction lawsuit.
If a landlord's complaint is for non-payment of rent, the tenant can pay all the rent due, plus proper costs, up until three business days after eviction, and the landlord must then dismiss the case. The landlord must apply for a warrant of removal (eviction) within 30 days of the judgment for possession being entered, unless the judgment is stopped by a court order or a written agreement signed by both parties.
If a tenant leaves personal property at the rental unit after moving out, the landlord must notify the tenant through certified mail or receipted first-class mail, giving them 33 days to claim the property.
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Eviction notices
In New Jersey, a landlord must follow specific rules and procedures when attempting to evict a tenant. The type of notice required will depend on the reason for the termination of the lease or rental agreement.
If a tenant violates any terms of the lease agreement, the landlord must first issue a Notice to Cease. This informs the tenant that they have to resolve the violation. If the tenant fails to resolve the violation, the landlord must then issue a 30-Day Notice to Quit. If the tenant remains on the property after 30 days, the landlord can continue with the eviction.
If the tenant engages in illegal behaviour, the landlord must give the tenant a 3-Day Notice to Quit. If the tenant remains in the rental property after 3 days, the landlord may file for eviction.
If the tenant habitually pays rent late, the landlord must give a 30-Day Notice to Pay before starting the eviction process. However, if the landlord does not have a history of accepting late rent, they are not required to give any notice and can file an eviction lawsuit against the tenant without prior notice.
Landlords must carefully follow all the rules and procedures required by New Jersey law when evicting a tenant; otherwise, the eviction may not be valid.
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Notice to cease
In the state of New Jersey, a Notice to Cease is a legal document that landlords serve to tenants to address disruptive behaviour or violations of the lease or rental agreement. This notice acts as a formal warning, providing tenants with an opportunity to correct their behaviour and avoid eviction. It is an important step in the eviction process, giving tenants a chance to remedy the issue before further legal action is taken.
The specific requirements for a Notice to Cease may vary depending on the circumstances, but there are some general guidelines to follow. Firstly, the notice must be provided in writing and should be properly served to the tenant. It should clearly and specifically state the behaviour or violation that needs to cease. This can include disorderly conduct, habitual late payment of rent, or violation of the terms of the lease or rental agreement.
It is crucial for landlords to understand the applicable laws and procedures when issuing a Notice to Cease. In most cases, landlords are required to provide this notice before proceeding with an eviction. However, there are exceptions, such as in cases of non-payment of rent, where no notice to cease is needed, and landlords can file an eviction complaint immediately.
Consulting with an attorney before serving a Notice to Cease is highly advisable to ensure compliance with legal requirements. The timing of serving the notice is also important. While there is limited statutory guidance on the timeframe, it is generally recommended to allow a "reasonable" period for the tenant to comply, as determined by the court in Brunswick Street Associates v. Gerard. Seeking legal advice to determine what constitutes a reasonable amount of time is essential.
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Notice to quit
In the state of New Jersey, a landlord must follow specific rules and procedures when attempting to evict a tenant. One of the first steps in evicting a tenant is for the landlord to terminate the lease or rental agreement. In some cases, the landlord must give the tenant a notice to quit before terminating the lease. The type of notice required will depend on the reason for the termination.
If a tenant continues to violate the lease or rental agreement, despite repeated warnings, or if they habitually pay rent late, the landlord can give them a 30-day notice to quit. This notice must inform the tenant that the landlord will terminate the rental agreement at the end of 30 days and file an eviction lawsuit. If the landlord does not have a legal reason to evict the tenant, they must wait until the end of the tenancy. However, for a month-to-month tenancy, the landlord must provide a written one-month notice.
In certain situations, a landlord can issue a three-day notice to quit. This is when the tenant does not have the right to correct any violations or behaviour. The notice must state that the landlord will terminate the lease and begin eviction proceedings at the end of three days. If the tenant fails to pay rent, the landlord can go directly to court and file an eviction lawsuit without providing any notice. However, if the landlord has sued the tenant for reasons other than non-payment of rent, they are required to send the tenant certain notices and attach copies of these to the complaint.
In addition, a landlord must notify a tenant if they have left personal property at the rental unit after moving out. This notice must be sent via certified mail or receipted first-class mail, informing the tenant that they have 33 days to claim the property before the landlord disposes of it. The landlord can charge the tenant for storage costs during this time.
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Frequently asked questions
A written notice to cease is a document that a landlord must send to a tenant in New Jersey, detailing a problem with their behaviour or lease violations, and requesting that they stop. The notice must describe the issue and give the tenant a reasonable amount of time to change their behaviour.
A notice to quit is a document that a landlord serves to a tenant, stating that the lease or rental agreement will be terminated and that eviction proceedings will begin if the tenant does not move out by the end of the notice period.
A landlord must provide a notice to quit in most cases before they can file an eviction lawsuit. The type of notice required depends on the reason for the termination. For example, in the case of habitual late rent payment or lease violations, a 30-day notice to quit is required. However, in cases of disorderly conduct or damage to the property, a three-day notice to quit can be served.
Yes, in emergency situations such as fires or severe water leaks, a landlord can enter a rental property without the tenant's permission or prior notice.
