South Jersey Laws
Grounds for Eviction
N.J.S. 2A: 18-61.1: Grounds for removal of tenants


In New Jersey this eviction law does not apply to:

  • Tenants who live in the same building as the owner, with no more than two rental units;
  • Hotels, motels or other seasonal types of residences;
  • Rental units occupied by an immediate family member of the owner who has a developmental disability.

The only reasons that a residential tenant can be evicted in New Jersey are:
  • The tenant failed to pay rent when due;
  • The tenant’s actions have disturbed the peace and quiet of the other tenants or neighbors and the tenant has not stopped after a written notice to stop;
  • The tenant has intentionally or carelessly destroyed or damaged the rental property;
  • The tenant is substantially violating the landlord’s written rules and regulations and the tenant has not stopped after written notice to stop;
  • The tenant has substantially violated provisions of the lease that specifically gave the landlord the right to evict and the tenant has not stopped after a written notice to stop;
  • In a public housing or redevelopment project, the tenant has substantially violated lease provisions forbidding the illegal use and possession of drugs;
  • The tenant has failed to pay increased rent, if:
    • The tenant was given written notice to leave or pay the increased rent; and
    • The increase in rent is reasonable.
  • The landlord wants to permanently stop using the property for residential purposes;
  • The landlord wants to close up or demolish the property because:
    • The property has been cited for health or safety violations; and
      • Correcting the violations is too costly; or
      • The tenants must be removed to correct the violations.
    • The property has been cited for illegal occupancy and eviction is necessary to correct the violation. For example, three tenants live in a home zoned for two tenants, and the only way to correct the violation is to remove one of the tenants;
    • The landlord or owner is a government agency that wants to permanently stop using the premises for residential use to comply with a redevelopment or land clearance plan.
  • The tenant has regularly and without legal justification failed to pay rent and the tenant continues to fail to pay rent after written demand;
  • The landlord wants to convert the property to a condominium or cooperative.
    • The tenants cannot be removed until the landlord has complied with the law regarding this type of conversion.
    • Senior citizens and disabled tenants can only be removed in very limited circumstances.
  • The lease was based on the tenant’s promise to work as a superintendent or janitor, and that employment has been terminated;
  • The tenant or someone the tenant allows to live on the premises:
    • Has pleaded guilty to or been convicted of a drug offense in or on any part of the rental property; and
    • Has not successfully completed a drug rehabilitation program.
  • The tenant or someone the tenant allows to live on the premises has pleaded guilty to or been convicted of assault or terroristic threats against:
    • The landlord or owner; or
    • A member of the landlord’s family; or
    • One of the landlord’s employees:
  • The tenant or someone the tenant allows to live on the premises has pleaded guilty to or been convicted of theft of property from:
    • The landlord or owner; or
    • The rental property or complex; or
    • Another tenant.
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