Terminating a Tenancy for Nonpayment of Rent in New Jersey

Last Updated: January 19, 2023.

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New Jersey state law allows a landlord to end a tenancy before the lease agreement expires, but only for just cause (a valid reason). One such reason is when a tenant fails to pay rent.

If a tenant has failed to pay rent when due, and the landlord has never accepted late payments in the past, the landlord does not need to give any notice before filing for eviction in court. (See N.J. Stat. § 2A:18-61.2.)

While state law does not require a landlord to give notice to the tenant before proceeding with an eviction lawsuit, it may be helpful to do so as it can prompt the tenant to take their situation more seriously and pay their overdue rent. However, providing the notice is entirely discretionary on the landlord's part.

Providing notice, even when not obligated to do so, can be seen as a professional and respectful way to handle the situation. It can also help the landlord avoid a poor reputation, not to mention costly litigation, court costs, stress, and inconvenience. Giving final, written notice before seeking to evict can demonstrate that the landlord is willing to work with the tenant to find a solution and that the eviction is not the first course of action. Giving notice can help the landlord maintain a positive image in the community and among tenants, which can be beneficial when attracting new tenants.