This article is part of New Jersey landlord-tenant law, and it explains the written notices a landlord serves before an eviction case can begin. In most New Jersey tenancies a landlord cannot file for eviction until the tenant has received the correct notice. Two notices do most of that work: the notice to cease and the notice to quit. They serve different purposes, and the ground for the eviction decides which one applies and how much time it gives the tenant.
When a New Jersey eviction needs a notice
New Jersey’s Anti-Eviction Act governs most residential tenancies. Under N.J.S.A. 2A:18-61.1, a landlord can remove a residential tenant only for “good cause,” meaning one of the specific grounds the statute lists. The Act does not cover every rental. Owner-occupied buildings with no more than two rental units, along with hotels, motels, and seasonal rentals, fall outside it and are handled under N.J.S.A. 2A:18-53 instead. Someone who was never a tenant at all, such as a squatter, is not removed through these notices either; an owner reclaims that kind of property through the separate ejectment process covered in squatters’ rights in New Jersey.
For the tenancies the Act does cover, N.J.S.A. 2A:18-61.2 requires the landlord to make a written demand and give written notice before a court can enter a judgment of possession. Nonpayment of rent is the exception the statute names directly. The New Jersey Courts landlord-tenant guide states that notices for any ground other than nonpayment of rent must be attached to the eviction complaint when it is filed.
The notice to cease: a warning to stop
A notice to cease is a written warning that tells a tenant to stop a specific behavior. N.J.S.A. 2A:18-61.1 requires one before a landlord can evict on several conduct-based grounds: disorderly conduct that destroys the peace and quiet of other occupants (subsection b), a continued substantial violation of the landlord’s reasonable rules and regulations (subsection d), a serious breach of the lease’s covenants where the lease reserves a right of reentry (subsection e), and habitual failure to pay rent without legal justification (subsection j).
The notice to cease does not end the tenancy and carries no statutory waiting period. Its role is to give the tenant a chance to correct the conduct. A landlord can move to the next step only if the tenant continues the behavior after receiving the notice. The New Jersey Courts guide describes this as the general rule: a landlord must first give written notice to stop the conduct and can proceed only if the conduct continues.
The notice to quit: ending the tenancy
The notice to quit is the document that formally ends the tenancy and sets the date the tenant is required to leave. N.J.S.A. 2A:18-61.2 requires the notice to “specify in detail the cause of the termination of the tenancy,” so a vague notice can be challenged. For the conduct grounds above, the notice to quit follows the notice to cease once the tenant has continued the behavior.
Every ground except nonpayment of rent requires a notice to quit before the landlord files. Under the same section, ordinary nonpayment of rent under subsection a. is treated differently from the other grounds and does not carry a notice-to-quit requirement, while a dispute over an unpaid rent increase is handled under subsection f. and ties into the separate rules on how much a landlord can raise rent.
How much notice to quit each ground requires
The length of the notice to quit depends entirely on the ground. N.J.S.A. 2A:18-61.2 sets these periods:
- Three days for disorderly conduct, for willful or grossly negligent damage to the premises, and for grounds involving drug offenses, assault or terroristic threats against the landlord, theft on the premises, or human trafficking (subsections m through r).
- One month for a continued violation of the landlord’s rules and regulations, a breach of the lease’s covenants, habitual failure to pay rent, and a tenant’s refusal to accept reasonable changes to the lease.
- Three months when the landlord has been cited by housing inspectors and is boarding up or demolishing the building.
- Eighteen months when the owner is permanently retiring the building from the residential rental market.
- Two months for certain condominium or cooperative conversions where a buyer will personally occupy the unit.
- Three years when the owner is converting the building to a condominium or cooperative.
How the notice must be served
N.J.S.A. 2A:18-61.2 allows three ways to serve a notice to cease or a notice to quit: personal delivery to the tenant, leaving a copy at the tenant’s usual place of abode with a household member above the age of 14, or certified mail. If a certified letter is not claimed, the statute directs the landlord to send the notice by regular mail as well. The requirement to specify the cause of termination in detail applies no matter which method is used.
After the notice period ends
Once the notice-to-quit period has passed and the tenant has neither corrected the problem nor moved out, the landlord can start the court case. The eviction is filed as a verified complaint in the Special Civil Part of the Superior Court, and the required notices are attached to the complaint. The New Jersey Courts landlord-tenant guide sets the filing fee at $50 for one tenant, plus $5 for each additional tenant named, with a $7 fee for service of the court papers by a Special Civil Part officer. The court then sets a trial date at least 21 days after the summons is served.
A landlord that is a business entity, such as a corporation, limited liability company, or limited partnership, must be represented by a New Jersey attorney in a landlord-tenant case, according to the same court guide.
Serve a notice to cease for conduct-based grounds
For disorderly conduct, repeated rule violations, a lease breach, or habitual late rent, the landlord first serves a written notice to cease that describes the behavior and directs the tenant to stop. This step does not apply to a straightforward nonpayment-of-rent case.
Serve a notice to quit if the conduct continues
If the tenant continues after the notice to cease, the landlord serves a notice to quit that states the ground in detail and sets the date the tenancy ends.
Wait out the statutory notice period
The notice period for the ground, set by
N.J.S.A. 2A:18-61.2, must pass before anything is filed. Periods range from three days to three years depending on the ground.File the verified complaint
After the period ends, the landlord files the verified complaint in the Special Civil Part and attaches every notice that was served, as the New Jersey Courts guide requires.
Frequently asked questions
Does a New Jersey landlord have to give notice to evict for nonpayment of rent?
No. Nonpayment of rent under N.J.S.A. 2A:18-61.1(a) is the main exception, and N.J.S.A. 2A:18-61.2 does not require a notice to cease or a notice to quit for it. The landlord can file the complaint directly. A tenant in a nonpayment case can still stop the eviction by paying what is owed; the New Jersey Courts guide explains that a residential tenant can pay in full up to three business days after an eviction and have the case dismissed.
What is the difference between a notice to cease and a notice to quit?
A notice to cease is a warning that tells the tenant to stop a behavior; it does not end the tenancy and has no fixed time period under N.J.S.A. 2A:18-61.1. A notice to quit ends the tenancy and carries a statutory notice period that varies by ground under N.J.S.A. 2A:18-61.2. For conduct-based grounds, the notice to cease comes first, and the notice to quit follows only if the conduct continues.
How long is a notice to quit in New Jersey?
It depends on the ground. N.J.S.A. 2A:18-61.2 sets three days for disorderly conduct or property damage, one month for most lease violations and habitual nonpayment, three months or eighteen months for building health-and-safety or market-withdrawal grounds, and up to three years for a condominium or cooperative conversion.
What happens if the tenant stops the conduct after a notice to cease?
The notice to cease requires the tenant to have continued the behavior before the landlord can proceed on that ground. A tenant who corrects the problem after receiving the notice removes the basis for a notice to quit on that particular ground, though a later repeat of the conduct can support a new notice.
Can a New Jersey eviction notice be served by mail?
Yes. N.J.S.A. 2A:18-61.2 allows certified mail as one method and directs the landlord to follow up by regular mail if the certified letter is not claimed. The other methods are personal delivery to the tenant and leaving a copy at the tenant’s home with a household member above the age of 14.