N.J. DCA Landlord/Tenant Information Series — (English)

Citation: N.J. DCA Landlord/Tenant Information Series — (English)
Jurisdiction: New Jersey (state)
Source: Official source
Original Source: https://www.nj.gov/dca/codes/publications/pdf_lti/t_i_r.pdf ↗

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Evictions for Owner-Occupied Two-and Three-Family Dwellings
Tenants of landlord-occupied two- and three-family dwellings can be removed only when
a court issues an order for eviction. However, in these cases, the landlord must prove that the tenant
(a) is staying after the expiration of the term of the lease, (b) is staying after a failure to pay rent,
(c) is disorderly so as to destroy the peace and quiet of other tenants, (d) willfully destroys or
damages the premises, (e) constantly violates the written rules and regulations or (f) violates any
lease provision where the lease reserves a right of re-entry for such violations. A three (3) month
notice to quit must be given if an at will tenancy or year-to-year tenancy exists. A one (1) month
notice to quit is required for a month-to-month tenancy and other types of tenancies are entitled to
a one (1) month notice to quit. No further notice is required before bringing action in court to evict
in the case of a tenant staying after a failure to pay rent. A three-day written Notice to Quit is
required for any of the causes described as disorderly, destructive or violative of written rules or
lease provisions (N.J.S.A. 2A:18-61.2(a)). In addition to the causes listed above, a tenant residing
in an owner- occupied two- or three-family dwelling may be evicted if the landlord can show that
the tenant is staying after the expiration of the lease and the landlord has given the tenant a written
notice for delivery of possession of the property. Under this cause of not renewing the lease, a
three-month notice to quit must be given if an at will tenancy or year-to year tenancy exists. A
one-month notice to quit is required for a month-to-month tenancy.