How to evict a tenant in New Jersey: the Anti-Eviction Act, step by step

What reasons does the Anti-Eviction Act allow?

N.J.S.A. 2A:18-61.1 says a tenant of residential property may not be removed except on one of the grounds it lists as good cause. A few homes are outside it, such as owner-occupied premises with not more than two rental units and hotels or guest houses rented to transient guests. The grounds most small landlords use are these.

• Failing to pay rent due and owing under the lease, oral or written (ground a). Rent a tenant withheld and used to keep a utility on after the utility warned of shutoff for the landlord's nonpayment is not treated as unpaid.
• Being so disorderly, after written notice to cease, as to destroy the peace and quiet of other occupants (ground b).
• Willfully or through gross negligence damaging the premises (ground c).
• Continuing, after written notice to cease, to substantially violate the landlord's reasonable written rules (ground d) or a lease covenant for which the lease reserves a right of reentry (ground e).

The Act also lists no-fault grounds, such as an owner's own residence in some buildings, and each has a much longer notice. A lease that simply ends is not a ground by itself. If you meant to end a tenancy because the term expired, read the Act before you serve anything. See also our overview of just cause laws.

Which notice do you serve, and how?

Section 2A:18-61.2 is the Act's notice section: for most grounds the landlord must make a written demand and give written notice before filing. We could read 2A:18-61.1 and the 2019 rent payment law but not the text of 2A:18-61.2 from a source we could open, so this post gives no notice lengths. The length, the required content and the allowed ways to serve all depend on the ground, so read 2A:18-61.2 (or ask the court's landlord-tenant staff) for your ground before you serve anything.

Write a dated record of the amount owed even if you think no notice is required, because the judge will ask for proof.

What happens in court?

You file a landlord-tenant complaint in the Superior Court. The court sets the hearing and fees vary, so use the court's own schedule. The landlord has to prove one of the statutory grounds, and the tenant can contest the amount or raise defenses. If you win you receive a judgment for possession, and a warrant for removal follows; it is executed by a court officer, not by you.

Can a tenant still pay after a warrant is issued?

Yes, and this is New Jersey's most unusual rule. Under N.J.S.A. 2A:42-10.16a, added by P.L. 2019, c.316, in a nonpayment case the court provides a period of three business days after a warrant for removal is posted at the unit, or a lockout is executed, for the tenant to submit a rent payment. A landlord must accept all payments made in that period, including cash, certified check, money order, or payment through a rental assistance program or bona fide charitable organization, give a receipt, and tell the court in writing within two business days after payment. The court then dismisses the nonpayment action with prejudice. A landlord who violates the act faces a penalty of up to $500 for each offense.

Example a made-up landlord files a nonpayment complaint on Monday, November 2, 2026 for $2,100 in unpaid rent. At a hearing on Tuesday, December 1, the judge enters a judgment for possession. A warrant for removal is posted at the unit on Monday, December 14. The three business days run Tuesday, December 15 through Thursday, December 17. If the tenant, or an agency on the tenant's behalf, pays the full rent due by the end of Thursday, the landlord must accept it, send the court written notice by Monday, December 21, and the case is dismissed with prejudice. If no payment arrives, the officer may carry out the removal after that window.

What may a New Jersey landlord never do?

N.J.S.A. 2A:39-1 says no one may enter and hold property except as the law gives entry, and then only peaceably. For property occupied solely as a residence, entry and holding without the occupant's consent is barred unless done under legal process such as the Anti-Eviction Act, and a person who violates it is a disorderly person. Under 2A:39-8 a tenant who wins recovers possession and all damages caused, including costs and reasonable attorney's fees, and treble damages are awarded in place of possession when returning the tenant would be inappropriate. In practice that means no lockouts, no changing locks, no removing belongings and no cutting utilities to push a tenant out.

How DoorKeeping handles it

DoorKeeping records rent in each property's books and keeps late fees within your state's cap, so the exact rent due is on the tenant ledger. Leases, notices and letters are stored as documents, and you can email tenants. It does not file complaints or serve notices. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.

Sources

1. N.J.S.A. 2A:18-61.1 and 2A:18-61.2 (Anti-Eviction Act, with annotations), NJ Department of Community Affairs, read Oct 30, 2026
2. P.L. 2019, c.316 (three business day rent payment period), NJ Legislature, read Oct 30, 2026
3. N.J.S.A. 2A:39-1 to 2A:39-8 (unlawful entry or detainer), NJ Department of Community Affairs, read Oct 30, 2026

Questions

Do I need a notice to evict a New Jersey tenant for unpaid rent?

Check N.J.S.A. 2A:18-61.2 for your ground; it sets when written notice is required and how long it must be. Keep a written record of the amount owed either way.

Can a New Jersey tenant pay after the court orders the eviction?

Yes. For three business days after the warrant for removal is posted or a lockout is executed, the tenant can submit the rent, and the landlord must accept it and tell the court.

Can I change the locks on a New Jersey tenant?

No. Holding a residence without the occupant's consent outside legal process is unlawful entry under 2A:39-1, and the tenant can recover damages, including treble damages in some cases.