The NJ Anti-Eviction Act: What Leasing Agents Need to Know
The short answer: In New Jersey, most residential tenants can be removed only through the courts and only for one of the "good cause" grounds listed in the Anti-Eviction Act (N.J.S.A. 2A:18-61.1). A landlord also can't refuse to renew a covered lease without good cause (N.J.S.A. 2A:18-61.3). The biggest exception is owner-occupied premises with no more than two rental units.
Leasing for others is licensed activity in New Jersey (see do you need a license to be a leasing agent), and this law shapes almost every landlord conversation. This page is general information, not legal advice. Notices and court filings belong with the landlord's attorney.
Which rentals does the Act cover?
The Act covers houses, buildings, mobile homes, land in a mobile home park, and other premises leased for residential purposes. The Department of Community Affairs (DCA) says that includes single-family homes, apartment buildings and complexes, and rooming and boarding homes (DCA Truth in Renting guide).
The statute lists three exceptions (N.J.S.A. 2A:18-61.1):
- Owner-occupied premises with not more than two rental units, and hotels, motels or guest houses rented to a transient guest or seasonal tenant.
- A unit held in trust for an immediate family member who permanently occupies it.
- A unit permanently occupied by an immediate family member of the owner.
Exceptions 2 and 3 apply only when that family member has a developmental disability. DCA adds that hotel and motel guests are covered if they have no other residence and live there on a continual basis (DCA guide).
What counts as "good cause," and how much notice is required?
The statute lists the grounds, and a companion section sets the notice to quit required before the landlord files (N.J.S.A. 2A:18-61.2):
| Ground (subsection of 61.1) | Notice before filing |
|---|---|
| Nonpayment of rent (a) | No notice to quit required under 61.2 |
| Disorderly conduct after a written notice to cease (b); willful or grossly negligent damage (c) | 3 days |
| Breaking reasonable rules (d) or lease covenants (e) after a written notice to cease | 1 month |
| Habitually failing to pay rent after a written notice to cease (j) | 1 month |
| Refusing reasonable lease changes offered at the end of the lease (i) | 1 month |
| Not paying a lawful rent increase after a valid notice to quit and notice of the increase (f) | Set by those notices (61.2 excludes (f) from its list) |
| Code violations or illegal occupancy that can't be fixed with the tenant in place (g) | 3 months |
| Permanently retiring the building from residential use (h) | 18 months, and not before an existing lease expires |
| Converting to a condominium or cooperative (k) | 3 years, and not before a written lease expires |
| Owner occupancy, or sale to a buyer who will live there, in the situations listed in (l) | 2 months, and not before a written lease expires |
| Job-based tenancy (such as a superintendent) that ends (m); certain criminal, theft or human-trafficking grounds (n)–(r) | 3 days |
The notice has to "specify in detail" the cause. It must be delivered in person, left at the tenant's home with a family member over 14, or sent by certified mail, followed by regular mail if the certified letter goes unclaimed (N.J.S.A. 2A:18-61.2). Several grounds also require an earlier written "notice to cease." DCA describes this as a warning to stop the conduct, given before any notice to quit (DCA guide).
Does a lease ending let the landlord take the unit back?
No. In covered housing, a landlord may not evict or fail to renew a lease except for good cause (N.J.S.A. 2A:18-61.3(a)). The end of the lease term isn't one of the listed grounds.
What a landlord can do at the end of a term is propose reasonable changes to the lease. If the tenant refuses them after written notice, that's a ground under subsection (i). Rent increases must not be unconscionable and must follow any local ordinance (subsection (f)).
What happens to tenants when the property is sold?
They generally stay. A new owner may remove a former owner's tenant only for good cause, with narrow exceptions for situations where federal law takes over and for government code-enforcement or eminent-domain actions (N.J.S.A. 2A:18-61.3(b)). A new owner who isn't bound by the old lease may offer the tenant a different one.
The ground that comes up most in sales is (l)(3). The owner of a building of three residential units or less may seek possession to live in a unit personally. The same applies after contracting to sell the unit to a buyer who wants to live in it, if the contract calls for the unit to be vacant at closing. Two months' notice applies, and no action can be filed until a written lease expires (N.J.S.A. 2A:18-61.1(l)(3); 61.2(f)). Even then, the tenant leaves only if they agree or a court orders it. So never promise a buyer a vacant unit by a date, and ask for copies of every lease early. Our guide to working with investors covers the investor side of tenant-occupied sales.
Can a landlord change the locks or shut off the utilities?
No. DCA's guide says self-help evictions and lockouts are illegal in New Jersey. A landlord or their agent may not padlock the door, change the locks or cut off utilities to force a tenant out. Only an officer of the court can physically remove a tenant, and only after the court issues a warrant (DCA guide).
DCA outlines the process: the landlord files in the Special Civil Part of the Superior Court in the county where the rental is. If the landlord wins a judgment for possession, a warrant for removal can't issue until three business days later. The tenant then has three business days after the warrant is served before a court officer can carry it out (DCA guide).
What does this mean for a leasing agent day to day?
A few habits help (our suggestions):
- Qualify the property. Note the unit count and whether the owner lives on site. That tells you whether the Act likely applies.
- Keep the paperwork. Several grounds depend on rules accepted in writing or on written notices.
- Screen within the law. See our guides to the Fair Chance in Housing Act and the Law Against Discrimination.
- Stay out of legal advice. You can explain that the Act exists. Notices and filings are for the landlord's lawyer.
For the other rental laws on the state exam, such as Truth in Renting and security deposits, see our property management exam guide.
Leasing is one of the first places new licensees put the law to work. Business Elementary's 75-hour pre-licensing course covers it from the start.
Sources
- N.J.S.A. 2A:18-61.1, grounds for removal of tenants (Justia, 2025 statutes): https://law.justia.com/codes/new-jersey/title-2a/section-2a-18-61-1/
- N.J.S.A. 2A:18-61.2, required notice, contents and service (Justia): https://law.justia.com/codes/new-jersey/title-2a/section-2a-18-61-2/
- N.J.S.A. 2A:18-61.3, no eviction or nonrenewal without good cause; successor owners (Justia): https://law.justia.com/codes/new-jersey/title-2a/section-2a-18-61-3/
- NJ Department of Community Affairs, Truth in Renting guide (eviction, self-help evictions, causes for eviction): https://www.nj.gov/dca/codes/publications/pdf_lti/t_i_r.pdf
Last reviewed: November 2, 2026
Frequently Asked Questions
Does the Anti-Eviction Act cover a rented single-family home?
Yes. DCA lists single-family homes among the rentals it covers (DCA guide). The owner-occupied exception doesn't apply when the owner doesn't live there.
Is a tenant with only an oral lease protected?
Yes. The nonpayment ground refers to rent due "under the lease whether the same be oral or written" (N.J.S.A. 2A:18-61.1(a)). DCA also says landlords can't evict or refuse to renew a written or oral lease without good cause.
Can a landlord remove a tenant to renovate the unit?
Wanting to renovate isn't one of the listed grounds. The closest one, subsection (g), covers cases where inspectors have cited substantial violations or an illegal occupancy and fixing it with the tenant in place isn't feasible. That ground requires three months' notice (N.J.S.A. 2A:18-61.1(g); 61.2(c)).
How many late payments count as "habitual"?
The statute doesn't give a number. DCA notes that courts have read it as more than one late payment after the notice to cease. It also notes that a landlord who keeps accepting late rent may need to keep warning the tenant (DCA guide).
Who actually removes a tenant after the landlord wins in court?
An officer of the court, acting on a warrant for removal. A landlord, or an agent working for the landlor