New Jersey Eviction Notice Overview
New Jersey has a complex eviction system with no single notice period. Non-payment of rent requires no pre-filing notice but the complaint must demand rent. Under N.J.S.A. 2A:18-61.2, lease violations require a 'notice to cease' followed by a 'notice to quit.' New Jersey does not use a 5-day notice. Cases are filed in Superior Court Special Civil Part.
Understanding the correct notice period is critical for New Jersey landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current New Jersey statutory requirements before serving any eviction notice.
Complex (varies)
Actual notice period
$35 - $50
Court filing fee
Superior
Court type
6-12 Wks
Total process
Why New Jersey Uses Complex (varies), Not 5 Days
Important: New Jersey Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in New Jersey. Under N.J.S.A. 2A:18-61.2, the required notice for non-payment of rent is Complex (varies). Serving a 5-day notice will likely result in the court dismissing your case. Use the correct Complex (varies) notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. New Jersey is not among them. The Complex (varies) notice requirement in New Jersey applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under New Jersey law.
If you are a landlord in New Jersey, ensure your eviction notice complies with N.J.S.A. 2A:18-61.2 and includes all elements required by Superior Court. Using our New Jersey-specific template ensures you have the correct notice period and statutory language.
New Jersey Legal Requirements for Eviction Notices
To withstand judicial scrutiny in New Jersey Superior Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and New Jersey county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the Complex (varies) period to pay or vacate as required by N.J.S.A. 2A:18-61.2
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in Superior Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the Complex (varies) clock
How to Serve an Eviction Notice in New Jersey
Proper service of the eviction notice is essential under New Jersey law. Superior Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method New Jersey courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. New Jersey courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the Complex (varies) period expires without payment or vacancy, file the eviction complaint at the Superior Court in the jurisdiction where the property is located.
New Jersey Eviction Timeline
The eviction process in New Jersey follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 6-12 Wks from the date the notice is served. Contested cases can take significantly longer.
After the Complex (varies) notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in New Jersey and can expose the landlord to substantial liability.
New Jersey Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in New Jersey. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| Superior Court Filing Fee | $35 - $50 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample New Jersey Eviction Notice
Below is a preview of the New Jersey-specific eviction notice using the correct Complex (varies) notice period required by N.J.S.A. 2A:18-61.2.
NOTICE TO PAY RENT OR QUIT
STATE OF NEW JERSEY
Pursuant to N.J.S.A. 2A:18-61.2
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full New Jersey Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to N.J.S.A. 2A:18-61.2, you have COMPLEX (VARIES) from the date of service to pay the total amount due or surrender possession.
NEW JERSEY COMPLIANCE
This notice uses the correct Complex (varies) period required by New Jersey law under N.J.S.A. 2A:18-61.2. A 5-day notice is not valid in New Jersey.