MENU Close
Close
  • Home
  • Services
  • Attorneys
  • Resources
  • News & Events
  • About Us
  • Contact Us
  • Join our Team
Search
Back
    Quick Links:
    Join Webinar
    Read News
    Our Location
    A
    Alternative Dispute ResolutionAntitrust & Trade RegulationAppellate Practice
    B
    Banking & Financial ServicesBankruptcy, Creditors’ Rights, and Financial RestructuringBeer LawBusiness Law
    C
    Cannabis LawConstruction LawCriminal Defense
    E
    Economic Development LawElder Care & Special Needs LawElectronic Discovery ("E-Discovery")Environmental LawEstate Planning and Administration & Wealth PreservationExecutive Compensation, Employment, ERISA, and Employee Benefits
    F
    Food, Beverage & HospitalityFranchise Law
    H
    Health Care & Life SciencesHealth Care ProvidersHigher EducationHospitals and Health Networks
    I
    ImmigrationInsurance CoverageIntellectual PropertyIntellectual Property Litigation, Arbitration, and Dispute ResolutionIntellectual Property Portfolio Strategy, Management & LicensingInternational BusinessInternet Law
    L
    Labor & EmploymentLiquor Law, Licensing, Manufacturing, and DistributionLitigation
    M
    Media LawMergers & AcquisitionsMunicipal Law
    N
    Non-Profit Law
    P
    Patent Preparation and ProsecutionPharmaceutical / Medical Devices / Pharma ServicesProducts and Consumer Liability DefenseProfessional LiabilityPublic Utilities
    R
    Real Estate, Finance, and Land Use
    S
    SecuritiesSolar Energy
    T
    TaxationTelecommunicationsTrademark & Copyright Protection & Enforcement
    V
    Venture Tech & Emerging Growth Companies
    W
    White Collar Investigations & DefenseWorkers’ Compensation
    • New Jersey
    • New York
    • Pennsylvania
    • Blogs
    • Articles
    • Podcasts
    • COVID-19 Resources
    • News
    • Events
    • Webinars
    • About Us
    • Delivering Value
    • Diversity & Inclusion
    • Meritas

    New Jersey

    400 Crossing Boulevard
    8th Floor
    Bridgewater, NJ 08807
    Phone:(908) 722-0700
    Fax:(908) 722-0755

    28 Valley Road
    Suite 1
    Montclair, NJ 07042

    New York

    7 Times Square
    21st Floor
    New York City, NY 10036
    Phone:(212) 808-0700
    Fax:(212) 808-0844

    Pennsylvania

    515 West Hamilton Street
    Suite 502
    Allentown, PA 18101
    Phone:(610) 391-1800
    Fax:(610) 391-1805

    • What sets us apart
    • Attorneys
    • Other Professionals
    • Professional Development
    • Non-Discrimination Policy

    Categories

    Breach of Lease Breach of Lease Options Breach of Purchase & Sale Agreements Development/Zoning Disputes Easement & Boundary Disputes Foreclosure/Deficiency Judgments Foreclosures General Land Use & Zoning Appeals Landlord Tenant Disputes Lease Guarantees Rental Real Estate Subrogation Tax Appeals Uncategorized
    Blogs > Location Litigation > Notice Requirements For Eviction (N.J.S.A...
    Member
    Timothy P. McKeown
    Visit Profile

    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 Eviction Notice to Cease Notice to Quit Demand for Possession Required
    NJSA 2A:18-53(a) Holdover No 3 months if tenancy at will or year to year. 1 month if month to month Yes
    NJSA 2A:18-53 (b) Nonpayment of rent No No None
    NJSA 2A:18-53 (c)(1) Disorderly tenant No 3 days prior to filing suit Yes
    NJSA 2A:18-53 (c)(2) Willful destruction of premises No 3 days prior to filing suit Yes
    NJSA 2A:18-53 (c)(3) Violation of rules and regulations accepted in writing No 3 days prior to filing suit Yes
    NJSA 2A:18-53 (c)(4) Breach of lease covenant where landlord has reserved a right of reentry No 3 days prior to filing suit Yes

     

    Member
    Timothy P. McKeown
    Visit Profile

    Related Posts

    Property Rights Are on the Supreme Court’s Docket This Week Property Tax Appeals Can Save You Money in 2021 Virginia First To Adopt COVID-19 Rules for Workplaces

    Share

    Similar Posts

    June 21, 2019
    Waiver of Breaches of Lease Covenants
    Waiver of Breaches of Lease Covenants
    January 7, 2014
    What Good Is a Good Guy Guarantee?
    What Good Is a Good Guy Guarantee?
    April 16, 2012
    Acceptance of Rent in Default Situations
    Acceptance of Rent in Default Situations

    Helpful links

    • About Us
    • News
    • Services
    • Blogs
    • Attorneys
    • Articles
    • (COVID-19)
    • Events
    • Join our Team
    Connect

    Connect with Us

    • LinkedIn
    • Facebook
    • Twitter
    • Instagram
    • Youtube

    Join our growing team

    We are looking for quality attorneys to help us do more for our clients. At Norris McLaughlin, each attorney has the same opportunity to succeed whether you’re at the beginning of a career or pinnacle of the profession.

    Learn More

    Subscribe to our content

    Receive timely legal information delivered to your inbox

    This field is for validation purposes and should be left unchanged.
    © , Norris McLaughlin, P.A., All Rights Reserved. Attorney Advertising.
    VIEW OUR DISCLAIMER,  TERMS OF USE,  AND PRIVACY POLICY

    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume you consent to our cookie policy. Learn more