Landlord Complaint Form
LANDLORD COMPLAINT
Do you have a New Jersey tenant that needs to leave? Then evict them. The process is fast and simple. You answer some simple questions and pay our low fee of 99 cents and we will do the rest.
Instructions on how we can help you evict your tenantForms required for filing a landlord/tenant action are the Verified Complaint, the Summons and Return of Service, and the Certification. We will ask you simple questions and these forms will be filled out for you based on your responses. The forms, along with the appropriate fees, can be sent to the court through the mail or delivered in person. If a landlord has filed the complaint on the basis of something other than non-payment of rent, the landlord must attach to the summons and complaint all applicable notices that were previously sent to the tenant and which will be relied upon by the landlord. Sign and date the completed forms. Have an original and two copies of your completed forms for each defendant, or tenant, named in the summons and complaint forms. Pay the correct filing and service fees when filing the complaint with the Office of the Clerk of the Special Civil Part. This website is only intended for individuals to file lawsuits. If you are a corporation then please get a lawyer.
1. Landlord Information
2. Tenant Information
3. Property Information
4. Reason for Eviction
5. Other Reasons
6. Print
What is the eviction process in New Jersey
An eviction is an actual expulsion of a tenant out of the premises. A landlord must have good cause to evict a tenant. There are several grounds for a good cause eviction. Each cause, except for nonpayment of rent, must be described in detail by the landlord in a written notice to the tenant. A “Notice to Quit” is required for all good cause evictions, except for an eviction for nonpayment of rent. A “Notice to Quit” is a notice given by the landlord ending the tenancy and telling the tenant to leave the premises. However, a Judgment for Possession must be entered by the Court before the tenant is required to move. A “Notice to Cease” may also be required in some cases. A “Notice to Cease” serves as a warning notice; this notice tells the tenant to stop the wrongfully conduct. If the tenant does not comply with the “Notice to Cease,” a “Notice to Quit” may be served on the tenant.
After giving a Notice to Quit, the landlord may file suit for an eviction. If a suit for eviction is filed and the landlord wins his case, he may be granted a Judgment for Possession. A Judgment for Possession ends the tenancy and allows the landlord to have the tenant evicted from the rental premises. No residential landlord may evict or fail to renew a lease, whether it is a written or an oral lease without good cause. The landlord must be able to prove in court that he has grounds for an eviction. Below are good cause grounds for an eviction of a tenant from residential rental properties in New Jersey, pursuant to the Anti-Eviction Act, as set forth in N.J.S.A. 2A:18-61.1. The Anti-Eviction Act was created to protect blameless tenants from eviction and was adopted in recognition of the housing shortage in the State.
The eviction process has several standard stages:
1. Provide appropriate notice. Necessary for all evictions reasons except non-payment of rent.
2. File a complaint with the Office of the Special Civil Part Clerk in your county and pay the filing fee.
3. Prepare for the trial, including working with any witnesses (written statements cannot be used in court). Make sure you have outlined your questions well in advance
4. Receive judgment for possession.
5. If the tenant does not move within three days after the warrant for possession was served, the landlord can evict or lock out the tenant.
6. A landlord cannot keep the tenant’s belongings, but he or she can arrange for storage. The tenant may be responsible for costs associated with legal fees and storage.
GROUNDS FOR EVICTION
A. FAILURE TO PAY RENT If a tenant fails to pay rent, the landlord may immediately take legal action to have the tenant evicted. The landlord is not required to give the tenant notice before filing an eviction suit, except if the tenant resides in federally subsidized housing. If the tenant resides in federally subsidized housing a 14-day notice must be given before filing a suit for eviction. Note: A tenant may not be evicted for nonpayment of rent, if the tenant used the unpaid portion of rent to continue utility services to the rental premises after receiving notice that the services were in danger of being discontinued, and if the landlord was responsible for the payment of those utility services and did not make the payments required to retain the use of those services. These utilities include: electric, gas, water and sewer. The money used to pay for the continuance of those services shall be considered part of the rent payment.
B. DISORDERLY CONDUCT If after given written Notice to Cease disorderly conduct, the tenant continues the disorderly conduct and that conduct destroys the peace and quiet of the other tenants living in the house or neighborhood, the landlord may file a suit for eviction. A Notice to Quit must be served on the tenant at least three days prior to filing a suit for eviction.
C. DAMAGE OR DESTRUCTION TO THE PROPERTY The tenant may be evicted if he has intentionally or by reason of gross negligence caused or allowed destruction, damage or injury to the property. A Notice to Quit must be served on the tenant at least three days prior to filing a suit for eviction.
D. SUBSTANTIAL VIOLATION OR BREACH OF THE LANDLORD’S RULES AND REGULATIONS IF after given a written Notice to Cease violating or breaching reasonable rules and regulations contained in the lease or accepted in writing by the tenant, the tenant continues to substantially violate or breach the rules and regulations, the landlord may file a suit for eviction. A Notice to Quit must be served on the tenant at least one month prior to filing the suit for eviction. In addition, any notices must be given on or before the start of a new month.
E. VIOLATION OR BREACH OF COVENANTS OR AGREEMENTS CONTAINED IN THE LEASE 1) If the tenant continues to substantially violate or breach the reasonable covenants or agreements contained in the lease, after given written Notice to Cease violating or breaching those covenants or agreements and if the landlord has reserved a right of re-entry in the lease, the landlord may file a suit for eviction. A Notice to Quit must be served on the tenant at least one month prior to filing the suit for eviction. 2) In public housing, if the tenant has substantially violated or breached any of the covenants or agreements contained in the lease, pertaining to illegal uses of controlled dangerous substances, or other illegal activities, the landlord may file a suit for eviction. The covenant or agreement must conform to federal guidelines and must have been in effect at the beginning of the lease term. The landlord does not have to give Notice to Cease the illegal activity before filing for a Notice to Quit. A Notice to Quit must be served on the tenant in accordance with federal regulations pertaining to public housing. Note: A public housing authority may evict a tenant when a member of the tenant’s household or guest engages in drug-related activity, even if the tenant did not know of the drug related activity. Dept. of Housing and Urban Development v. Rucker, 122 S.Ct. 1230 (2002).
F. FAILURE TO PAY RENT INCREASE If a tenant fails to pay rent after being given notice of a rent increase and a Notice to Quit, the landlord may file a suit for eviction. The rent increase must not be unconscionable and must comply with all other laws or municipal ordinances, including rent control. A Notice to Quit must be served on the tenant at least one month prior to filing the suit for eviction. Note: If the tenant believes the rent increase is unconscionable, he may withhold a portion of the rent. He may withhold the difference between the old rent rate and the new increased rate. However, the landlord may file a suit for eviction and the court would determine if the rent increase is unconscionable.
G. HEALTH AND SAFETY VIOLATION OR REMOVAL FROM THE RENTAL MARKET A tenant may be evicted if the following conditions apply: 1) The landlord has been cited by an inspector and needs to board up or demolish the property because of substantial health and safety violations and because it is financially difficult to fix the violations. 2) The landlord needs to fix health and safety violations and it is not possible to do so, while the tenant resides at the property. When the landlord serves the eviction notice he must also notify the Department of Community Affairs, Landlord-Tenant Information Service, P.O. Box 805, Trenton, New Jersey 08635-0805. In addition, upon request, the landlord must provide the Department of Community Affairs with information as required under the law, so that the Department may prepare a report informing all parties and the court of the feasibility of the landlord to fix the violations without removing the tenants from the property. 3) The landlord needs to correct an illegal occupancy and it is not possible to correct this violation without removing the tenant. 4) A governmental agency wants to permanently take the property off the rental market, so that it can redevelop or clear land in a blighted area. A Notice to Quit must be served on the tenant at least three months before filing a suit for eviction. The tenant can’t be evicted until relocation assistance is provided.
H. THE LANDLORD WANTS TO PERMANENTLY RETIRE THE PROPERTY FROM RESIDENTIAL USE If the landlord wants to permanently retire a building or mobile home park from residential use, provided the circumstances covered under section (g) above do not apply, the landlord may file suit for eviction. A Notice to Quit must be served on the tenant at least 18 months prior to filing the suit for eviction. No legal action may be taken until the lease expires.
I. REFUSAL TO ACCEPT REASONABLE CHANGES IN THE TERMS AND CONDITIONS OF THE LEASE WHEN the lease expires, the landlord may propose reasonable but substantial changes to the terms and conditions of the lease. If after written notice the tenant refuses to accept those changes the landlord may file suit for eviction and the court will determine if the proposed changes are reasonable
J. TENANT CONTINUSLY FAILS TO PAY RENT OR HABITUALLY PAYS LATE If the tenant continuously fails to pay rent or habitOually pays late, after written Notice to Cease, the landlord may file a suit for eviction. A Notice to Quit must be served on the tenant at least one month before filing a suit for eviction. Note: The Courts have ruled that habitual late payments means more than one (1) late payment following the Notice to Cease. Also the N.J. Supreme Court ruled that a landlord after giving a tenant a notice to cease late payments, must continue to give the tenant reasonable and sufficient notice when accepting further late payments, that continued late payments from the tenant would result in an eviction action. If the landlord does not give this continued notice, the original Notice to Cease given to the tenant may be considered waived by the Court.
K. CONVERSION TO CONDOMINIUM, COOPERATIVE OR FEE SIMPLE Ownership If the landlord or owner of a building or mobile home park is converting the property from the rental market to a condominium, cooperative or fee simple ownership of two or more dwelling units or park sites, except as hereinafter provided in subsection (l) below, the landlord may file a suit for eviction.
M. TENANCY BASED ON EMPLOYMENT IF a tenant resides in the property on the condition that, he is employed by the landlord as a superintendent, janitor or in some other job and that employment is terminated the landlord may file suit for eviction. A Notice to Quit must be served on the tenant three days prior to filing a suit for eviction.
N. CONVICTION OF A DRUG OFFENSE COMMITTED ON THE PROPERTY The landlord may file suit for eviction, if the tenant, including juveniles who have been found by the Court to be delinquent, has been convicted of or pleaded guilty to drug offenses that took place on the property, and has not in connection with his sentence either (1) successfully completed or (2) been admitted to and continues during probation participation toward completion of a drug rehabilitation program. Also, if the tenant lets a person who has been convicted of or pleaded guilty to drug offenses, occupy the premises for residential purposes whether it is continuously or occasionally, the landlord may file for eviction. This does not apply to a tenant allowing a juvenile to reside at the property where the juvenile has been found to be delinquent due to use or possession of drugs. No eviction suit may be brought more than two years after: the juvenile was found to be delinquent; conviction of the person; or after the person’s release from incarceration whichever is later. A Notice to Quit must be served on the tenant at least three days prior to filing suit for eviction.
O. CONVICTION OF ASSAULTING OR THREATENING THE LANDLORD, HIS FAMILY OR EMPLOYEES The landlord may file for eviction, if the tenant has been convicted of or pleaded guilty to, or if a juvenile has been found by the court to be delinquent due to an offense involving assault or terrorist threats against the landlord, a member of the landlord’s family or an employee of the landlord. Also, if the tenant permits a person he knows has been convicted of or has pleaded guilty to these actions to reside at the premises continuously or occasionally, the landlord may file suit for eviction. No eviction suit may be brought more than two years after: the juvenile was found to be delinquent; conviction of the person; or after the person’s release from incarceration whichever is later. A Notice to Quit must be served on the tenant at least three days prior to filing a suit for eviction.
P. CIVIL COURT ACTION THAT HOLDS TENANT LIABLE FOR INVOLVEMENT IN CRIMINAL ACTIVITIES The landlord may file for eviction, if the tenant is found by a civil court proceeding (not criminal) to be liable for involvement in theft of property located on the premises, involvement in assaults or terrorist threats against the landlord, a member of the landlord’s family or an employee of the landlord, or involvement in illegal drug activities that takes place on the premises and that tenant has not in connection with his sentence for the drug offense either (1) successfully completed or (2) been admitted to and continues during probation participation towards completion of a drug rehabilitation program. Also, if the tenant permits a person he knows has been convicted of or has pleaded guilty to these actions, to reside at the premises continuously or occasionally, the landlord may file for eviction. This does not apply to a tenant allowing a juvenile to reside at the property where the juvenile has been found to be delinquent due to the use or possession of drugs. No eviction suit may be brought more than two years after: the juvenile was found to be delinquent; conviction of the person; or after the person’s release from incarceration whichever is later. A Notice to Quit must be served on the tenant at least three days prior to filing suit for eviction. q. Conviction for Theft of Property The landlord may file for eviction, if the tenant has been convicted of or pleaded guilty to, or if a juvenile has been found to be delinquent by the Court due to an offense involving theft of property from the landlord or from tenants residing in the same building or complex. Also, if the tenant permits a person he knows has been convicted of or has pleaded guilty to these actions to reside at the premises continuously or occasionally, the landlord may file for eviction. A Notice to Quit must be served on the tenant at least three days prior to filing suit for eviction.
EVICTIONS FOR OWNER-OCCUPIED TWO AND THREE FAMILY DWELLINGS
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.
FILING A COMPLAINT FOR EVICTION
A Complaint must be filed with the Office of the Clerk of the Special Civil Part in the county where the rental premises are located. A Landlord-Tenant complaint form (to be used by the landlord) is available from the Clerk of the Special Civil Part in the county where the rental premises are located. Both the landlord and the tenant must come to the court hearing. If the landlord or his attorney does not come the complaint may be dismissed. If the tenant does not come, a default judgment may be entered against the tenant allowing the landlord to evict the tenant from the premises.
JUDGMENT FOR POSSESSION
If the landlord is granted a judgment for possession, the landlord may apply to the Clerk of the Special Civil Part for a warrant for possession, which allows the landlord to force the tenant to move out of the premises. The warrant for possession may not be issued until three (3) business days after the judgment for possession is granted. The tenant has three (3) business days to move all persons and belongings from the premises. If the tenant does not move after three (3) business days from the time the warrant for possession was served on the tenant, the landlord may arrange for the Court Officer to have the tenant evicted or locked out. Following the eviction, the landlord must let the tenant remove personal belongings from the premises. A landlord cannot keep the tenant’s belongings, but can arrange for their storage. A landlord must apply for a warrant for possession within 30 days from the date of the judgment for possession unless the judgment is stopped through a court order or other written agreement signed by the landlord and tenant. A tenant may ask the court for permission to stay in the premises due to special difficulties that moving out may cause. If permission is granted, the tenant may not stay in the premises for more than six months. All rent due ordinarily must be paid for permission to be granted.
APPLICABILITY
This law applies to most residential rental properties including: single-family homes, mobile homes and land in a mobile home park, and apartment buildings and complexes. This law also applies to rooming and boarding homes.
EXCEPTIONS
This law may not apply to two or three unit owner-occupied premises with two (2) or fewer rental units. It does not apply to hotel guests, motel guests or guest houses rented to a transient guest or seasonal tenant. However, hotel and motel guests are covered under this law if, they have no other home and live at the hotel or motel on a continual basis. Additionally, this law does not apply to a unit held in trust on behalf of a member of the immediate family, if that family member is developmentally disabled, and permanently occupies the dwelling unit.
WHAT ARE THE FILING FEES?
The cost for filing a complaint in the Landlord/Tenant Section is:
• $50 for one defendant/tenant.
• $5 for each additional defendant/tenant.
• In addition, you must pay a mileage fee for delivery of the summons and complaint by a Special Civil Part Officer. The staff of the Special Civil Part Clerk’s Office can inform you of the mileage fee. The landlord can pay by cash or check, made payable to the Treasurer, State of New Jersey.
HOW DO I PREPARE FOR TRIAL?
If you are the landlord, you must come to court and prove the statements made in the complaint are true. Arrange to have in court any witnesses you need to prove your case. A written statement, even if made under oath, cannot be used in court. Only actual in-court testimony of the witnesses will be allowed. Prepare your questions in advance. Bring to court records of any transactions that may help you prove your case. Such records may include:
• Leases, estimates, bills, rent receipt records.
• Dishonored checks.
• Letters, photographs.
• Other documents proving your claim. If the landlord is withdrawing the complaint, immediately call the Special Civil Part Clerk’s Office so that the Special Civil Part Clerk’s Office can mark the case as withdrawn and cancel any interpreter or special accommodation, if any, that may have been arranged. If the parties settle their case prior to the scheduled trial date, and it’s regarding a residential property, that settlement agreement may need to be reviewed and/or approved by a judge in the event it needs to be enforced later on by any of the parties.
WHAT HAPPENS ON THE DAY OF TRIAL?
Both the tenant and landlord must come to court at the time and date stated on the summons unless otherwise notified by the court. Bring all evidence and witnesses needed to present your case. If both the landlord and tenant appear, they may first be required to meet with a court approved mediator or settlor in an attempt to settle the case. This person is not a judge. If an agreement is reached, an agreement or settlement form is available in every Special Civil Part Court to be used by the parties and it must be reviewed and/or approved by the judge when the tenant has no attorney representing them and it concerns residential property. Both the landlord and tenant will be able to present their case to the judge if the parties are unable to settle their case. If the judge decides in favor of the tenant, the case will be dismissed. If the judge decides in favor of the landlord, a "judgment for possession" will be granted. A judgment for possession allows the landlord, within specific time limits, to have the tenant removed from the premises by a Special Civil Part Officer. If the landlord fails to appear at the scheduled date and time, the case will be dismissed against the landlord. If the tenant fails to appear at the scheduled date and time, the landlord will obtain a default and upon the timely filing of certain mandatory certification forms, the landlord will obtain a default judgment for possession. If the landlord's complaint is for non-payment of rent and the tenant offers to pay all the rent due, plus court costs, before or on the day of the court hearing, the landlord must accept the rent and the case will be dismissed. If the landlord doesn't accept the money, it may be deposited with the Clerk of the Special Civil Part. The judgment will then be voided and the tenant does not have to move out of the premises.
WHAT HAPPENS IF THE LANDLORD OBTAINS A JUDGMENT FOR POSSESSION?
If a landlord obtains a judgment for possession, the landlord may apply to the Clerk of the Special Civil Part for a warrant or removal, which permits the landlord to force the tenant to move out of the rental premises. The fee for a warrant of removal is $35 plus the applicable Special Civil Part Officer’s mileage fee. A second mileage fee will also be required to be paid to the Special Civil Part Officer directly, if it is necessary for the officer to revisit the residential rental property and execute the same warrant of removal that the officer previously served upon the tenant. The Special Civil Part Clerk’s Office staff can inform the landlord of the applicable mileage fees. The warrant of removal may not be issued to a Special Civil Part Officer until the expiration of three (3) business days (not counting the court day) after the judgment for possession is granted. The Special Civil Part Officer is required to provide a residential tenant at least three (3) business days to move all persons and belongings from the premises. Again, this date does not include holidays, weekends or the date that the warrant of removal was originally served by the Special Civil Part Officer upon the residential tenant. The Special Civil Part Officer is not required to provide a commercial tenant with any three business day notice, as the officer can serve the warrant for removal and evict the commercial tenant at the same time. If the residential tenant does not move out after three (3) business days from the date that they were served with the warrant of removal, the landlord must arrange with the Special Civil Part Officer directly to have the residential tenant evicted or locked out. The Special Civil Part Officer will tell the landlord the fees charged for this eviction, which cannot be greater than $50, and the landlord pays this fee and the second mileage fee to the Special Civil Part Officer directly. Following the eviction, the landlord must allow the tenant remove personal belongings from the premises. If a tenant vacates the rental premises but fails to move their personal belongings, the landlord must still comply with the provisions of the New Jersey Tenant’s Abandoned Property statute. The landlord should consult with an attorney for those requirements. Revised 11/17/2014, CN 11483 Page 5 of 5 A landlord must apply for the warrant of removal within 30 days from the date that the judgment for possession is entered unless the judgment is stopped or stayed through a court order or other written agreement signed by the landlord and the tenant. A tenant may also ask the court for permission to stay in the premises due to special difficulties or hardship that moving out may cause. If permission is granted, the tenant may not stay in the premises for more than six months but all rent due, and future rent due during this “hardship stay,” ordinarily must be paid for permission to be granted by the court. The tenant may also ask for a more temporary stay through a request for an Order for Orderly Removal which is typically no longer than 7 calendar days. Finally, a tenant can file a motion to vacate the underlying judgment for possession but that does not typically stop or stay the eviction process unless otherwise ordered by the court. Any of these requests for relief made by the tenant must be done on notice to the landlord.
WHAT HAPPENS TO THE RESIDENTIAL SECURITY DEPOSIT?
The security deposit generally must be deposited in an interest-bearing account in a bank or saving and loan association in New Jersey at the time the lease is signed. The tenant must be given written notice of where the money has been deposited within 30 days of receipt by the landlord. If the landlord does not return the security deposit within 30 days from the date the tenant moves out or vacates the premises, the tenant may sue to recover double the amount due, plus court costs and reasonable attorney’s fees, if any. If the amount sought is $5000 or less, the tenant may sue in the Small Claims Section of the Special Civil Part Court. If the amount sought exceeds $5,000.00, the tenant may sue in the Special Civil Part. If the amount sought exceeds $15,000, the tenant must sue in the civil part section of the Law Division. The landlord must notify the tenant, within those 30 days from the date that the tenant vacates the rental premises, of the amount of the security deposit being retained to pay unpaid rent and/or to pay for the cost of the repairs, if any. If the amount of any damage caused by a tenant plus any unpaid rent is more than the security deposit, the landlord may sue for the additional money. If a residential building is sold, the seller must turn over each security deposit plus any interest to the buyer and notify each tenant by registered or certified mail.