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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