New Jersey Statewide Rule
New Jersey Anti-Eviction Act Statewide Just Cause Protections
Key Facts
- Statute
- NJSA 2A:18-61.1
- Coverage
- Most residential rentals
- Exemption
- Owner-occupied 2-3 units
- Self-help damages
- Treble
Summary
The New Jersey Anti-Eviction Act preempts local landlord-tenant law and limits residential evictions to specifically enumerated good-cause grounds statewide.
No lessee or tenant or the assigns, under-tenants or legal representatives of such lessee or tenant may be removed by the Superior Court from any house, building, mobile home or land in a mobile home park or tenement leased for residential purposes, other than (1) owner-occupied premises with not more than two rental units or a hotel, motel or other guest house or part thereof rented to a transient guest or seasonal tenant; (2) a dwelling unit which is held in trust on behalf of a member of the immediate family of the person or persons establishing the trust, provided that the member of the immediate family on whose behalf the trust is established permanently occupies the unit; and (3) a dwelling unit which is permanently occupied by a member of the immediate family of the owner of that unit, provided, however, that exception (2) or (3) shall apply only in cases in which the member of the immediate family has a developmental disability, except upon establishment of one of the following grounds as good cause:
Full Breakdown
Under NJSA 2A:18-61.1, residential tenants in covered buildings (most rentals except owner-occupied 2-unit and 3-unit dwellings) cannot be evicted except for specific causes: nonpayment of rent, disorderly conduct, willful damage, lease violations, refusal to accept reasonable lease changes, conversion, owner occupancy, or substantial breach. Landlords cannot refuse to renew leases without cause. The Act is one of the strongest tenant protection statutes in the country and applies uniformly across all NJ municipalities. Notice requirements under NJSA 2A:18-61.2 vary by ground.
Violations & Penalties
Filing an eviction without statutory cause results in dismissal and potential damages. Wrongful eviction may give rise to civil claims and treble damages for self-help eviction under NJSA 2A:39-8.
Frequently Asked Questions
Can my New Jersey landlord refuse to renew my lease without cause?
Does the Anti-Eviction Act apply to all NJ rentals?
Sources
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