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Timothy P. McKeown
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Timothy P. McKeown
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Notice Requirements For Eviction (N.J.S.A 2A :18-53)

As I may have mentioned or alluded to in previous posts, commercial landlords are not free to simply evict a tenant once the tenant does something in violation of the lease. At a minimum, in those instances where the tenant has failed to pay rent, a landlord must file a summary dispossess complaint. In cases of defaults other than for the nonpayment of rent, a Notice to Quit and Demand for Possession must first be served on the tenant and the quit date must pass before an eviction complaint may be filed.

The proper service of a Notice to Quit is critical. Without it, the court will not have jurisdiction to hear the tenancy case. Many commercial landlords have seen their cases dismissed at trial based on the improper service (or lack thereof) of a statutorily required Notice to Quit. Below is a chart outlining the various causes for eviction in a commercial setting together with the Notice to Quit requirements for each. I will post later as to some of the issues that crop up relating to these various causes for eviction.

Cause for EvictionNotice to CeaseNotice to QuitDemand for Possession Required
NJSA 2A:18-53(a) HoldoverNo3 months if tenancy at will or year to year. 1 month if month to monthYes
NJSA 2A:18-53 (b) Nonpayment of rentNoNoNone
NJSA 2A:18-53 (c)(1) Disorderly tenantNo3 days prior to filing suitYes
NJSA 2A:18-53 (c)(2) Willful destruction of premisesNo3 days prior to filing suitYes
NJSA 2A:18-53 (c)(3) Violation of rules and regulations accepted in writingNo3 days prior to filing suitYes
NJSA 2A:18-53 (c)(4) Breach of lease covenant where landlord has reserved a right of reentryNo3 days prior to filing suitYes

 

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Timothy P. McKeown
Member
Timothy P. McKeown
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Related Posts
Property Rights Are on the Supreme Court’s Docket This Week
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