Eviction Complaint (Verified Tenancy Complaint — Summary Dispossess) — New Jersey

VERIFIED TENANCY COMPLAINT (SUMMARY DISPOSSESS) — NEW JERSEY

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Tenancy Allegations
5. Grounds for Removal — Statutory Cause
6. Notice and Demand
7. Compliance with Collateral Statutory Requirements
8. Self-Help Bar; No Retaliation
9. Prayer for Relief
10. Demand for Trial; Counsel of Record
11. Verification (R. 1:4-7)
12. Certification of No Other Action (R. 4:5-1)
13. Landlord Case Information Statement
14. Exhibits
15. New Jersey Practice Notes
16. Sources and References

1. CAPTION

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION — SPECIAL CIVIL PART

LANDLORD/TENANT SECTION

[________________________________] COUNTY

DOCKET NO. LT-[________________________________]

VERIFIED TENANCY COMPLAINT FOR POSSESSION (SUMMARY DISPOSSESS)

Civil Action

Plaintiff, by way of Verified Complaint against Defendant(s), alleges as follows:

2. PARTIES

2.1. Plaintiff [________________________________] ("Plaintiff" or "Landlord") is the owner of record of the premises described below, with a principal place of business / residence located at [________________________________].

☐ Plaintiff is the owner of record. (Skip 2.2.)
☐ Plaintiff is [OWNER NAME]'s authorized property manager / agent / general partner / managing member / trustee. The owner of record is [________________________________], located at [________________________________] (R. 6:3-4(a) requires identification of the owner).

2.2. Relationship of Plaintiff to Owner. Plaintiff is authorized to file and prosecute this action on behalf of the owner pursuant to [written management agreement / agency agreement / other authority] dated [__/__/____].

2.3. Defendant [________________________________] ("Defendant" or "Tenant") is and was at all relevant times in possession of the premises located at [________________________________] ("Premises"), occupying same as a residential tenant.

2.4. Other Occupants. All other adult persons in possession or occupying the Premises are named herein as fictitious-name Defendants ("John Doe" / "Jane Doe" 1 through [____]) so that any judgment for possession entered will bind all occupants.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over this summary dispossess action pursuant to N.J.S.A. § 2A:18-51 et seq. (Special Civil Part jurisdiction over tenancy actions), N.J.S.A. § 2A:18-53 (summary dispossess), and N.J.S.A. § 2A:18-61.1 et seq. (Anti-Eviction Act).

3.2. The Premises are located in [________________________________] County, New Jersey, and venue is therefore proper in this vicinage. R. 6:1-2(a)(2).

3.3. Service of summons and complaint shall be effected by a Special Civil Part Officer or sheriff in accordance with R. 6:2-3.

4. TENANCY ALLEGATIONS

4.1. Premises. The premises subject to this action are located at:

4.2. Lease. Defendant occupies the Premises pursuant to:

☐ Written lease dated [__/__/____], expiring [__/__/____] (a true copy is attached as Exhibit 1);
☐ Oral month-to-month tenancy commencing [__/__/____];
☐ Holdover tenancy following expiration of fixed-term lease on [__/__/____];
☐ Other: [________________________________].

4.3. Rent. The agreed rent is $[____] per month, due on the [____] day of each month, payable to [________________________________] at [________________________________].

4.4. Anti-Eviction Act Coverage. ☐ The Premises are covered by the New Jersey Anti-Eviction Act (N.J.S.A. § 2A:18-61.1 et seq.). ☐ The Premises are exempt from the Anti-Eviction Act and governed by N.J.S.A. § 2A:18-53 (specify exemption: ☐ owner-occupied 3-or-fewer-unit; ☐ seasonal; ☐ hotel/motel <90 days; ☐ commercial; ☐ other: [____]).

4.5. Registration of Multifamily Property. ☐ The Premises are registered with the New Jersey Bureau of Housing Inspection / municipality pursuant to N.J.S.A. § 46:8-28 (Hotel and Multiple Dwelling Law) and the Certificate of Registration is current. (Registration is a prerequisite to maintenance of an action for nonpayment of rent. See N.J.S.A. § 46:8-33.) ☐ Registration not required (single-family / 2-family owner-occupied).

4.6. Certificate of Occupancy / Habitability. ☐ A current Certificate of Occupancy (or municipal equivalent) is in effect for the Premises, and there are no unabated housing-code violations of which Plaintiff has notice that would constitute Marini-type defects.

5. GROUNDS FOR REMOVAL — STATUTORY CAUSE

5.1. Plaintiff seeks Judgment for Possession on the following ground(s) (mark all that apply):

☐ N.J.S.A. § 2A:18-61.1(a) — Failure to pay rent. Defendant has failed and refused to pay rent for the periods and amounts set forth below:

Plaintiff acknowledges Defendant's right to dismissal under N.J.S.A. § 2A:18-55 by tender of all rent due plus costs at any time before judgment, and as a matter of course before 4:30 p.m. on the trial date.

☐ N.J.S.A. § 2A:18-61.1(b) — Disorderly conduct. Defendant has destroyed the peace and quiet of other tenants/occupants in the building, as more particularly set forth in Exhibit 2 (incident log). A Notice to Cease was served on [__/__/____] (Exhibit 3); the conduct continued, and a 3-day Notice to Quit was served on [__/__/____] (Exhibit 4).

☐ N.J.S.A. § 2A:18-61.1(c) — Willful/grossly negligent damage to premises. Defendant has willfully or by gross negligence caused or allowed the destruction, damage, or injury described in Exhibit 2, with cost to repair in excess of $[____].

☐ N.J.S.A. § 2A:18-61.1(d) — Substantial breach of rules and regulations. Defendant has substantially violated the landlord's reasonable rules and regulations, accepted in writing, namely [CITE RULE], as detailed in Exhibit 2. Notice to Cease served [__/__/____]; conduct continued; 1-month Notice to Quit served [__/__/____].

☐ N.J.S.A. § 2A:18-61.1(e) — Substantial breach of lease covenants. The Lease contains a "void on breach" clause at paragraph [____]. Defendant has substantially breached the express covenant identified at paragraph [____] of the Lease, namely [DESCRIBE]. Notice to Cease served [__/__/____]; 1-month Notice to Quit served [__/__/____].

☐ N.J.S.A. § 2A:18-61.1(j) — Habitual late payment of rent after Notice to Cease. Defendant has habitually paid rent late on the dates set forth in Exhibit 2. Notice to Cease served [__/__/____]; lateness continued; 1-month Notice to Quit served [__/__/____].

☐ N.J.S.A. § 2A:18-61.1(L)(1) — Personal occupancy by purchaser of 3-or-fewer-unit building. Plaintiff (or Plaintiff's predecessor purchaser) acquired the Premises by deed dated [__/__/____], recorded [__/__/____]. Plaintiff intends in good faith to personally occupy. 2-month Notice served [__/__/____]. Owner's certification under N.J.S.A. § 2A:18-61.6 attached as Exhibit 5.

☐ N.J.S.A. § 2A:18-61.1(L)(3) — Conversion to condominium/cooperative. Conversion has been registered with NJ DCA on [__/__/____] (registration number [____]). 3-year Notice served [__/__/____], with comparable-housing offer (Exhibit 6) and protected-tenancy notice (Exhibit 7).

☐ N.J.S.A. § 2A:18-61.1(m) — Owner of 1- or 2-family seeks personal occupancy. Plaintiff intends in good faith to personally occupy. 2-month Notice served [__/__/____].

☐ N.J.S.A. § 2A:18-61.1(n) — Conviction of drug-related criminal offense. Defendant was convicted of / pleaded guilty to [OFFENSE] in [COURT] on [__/__/____] (Judgment of Conviction, Exhibit 8). 3-day Notice to Quit served [__/__/____].

☐ N.J.S.A. § 2A:18-61.1(o) — Conviction of assault / terroristic threats / theft against landlord, family, or employee. Conviction details: [____].

☐ Other ground (specify): [N.J.S.A. § 2A:18-61.1(__) — DESCRIPTION].

5.2. Statement of Cause (Narrative). Plaintiff incorporates by reference the foregoing statutory grounds and alleges in narrative form that [CONCISE FACTUAL NARRATIVE OF GROUND, WITH DATES, PARTIES, AND DOCUMENTARY SUPPORT].

6. NOTICE AND DEMAND

6.1. Notice to Cease (where required by ground asserted): A Notice to Cease was served on Defendant on [__/__/____] by [METHOD], a true copy of which is attached as Exhibit 3.

6.2. Notice to Quit / Notice to Terminate: A Notice to Quit was served on Defendant on [__/__/____] by [METHOD], demanding possession on or before [__/__/____] (the "Termination Date"), a true copy of which is attached as Exhibit 4.

6.3. Notice Period. The applicable statutory notice period under N.J.S.A. § 2A:18-61.2 for the ground(s) asserted is [____ days / 1 month / 2 months / 3 months], and that period elapsed prior to filing of this Complaint.

6.4. Demand for Possession. Defendant has failed to surrender possession by the Termination Date and remains in wrongful possession of the Premises.

6.5. For Nonpayment Counts (N.J.S.A. § 2A:18-55 disclosure). Plaintiff acknowledges that if the rent arrears stated in Section 5 (plus accrued lawful court costs) are tendered by Defendant to the landlord or to the Clerk of the Special Civil Part at any time before entry of judgment for possession, and as a matter of course before 4:30 p.m. on the trial date, this action shall be dismissed.

7. COMPLIANCE WITH COLLATERAL STATUTORY REQUIREMENTS

7.1. Truth in Renting Act (N.J.S.A. § 46:8-44). ☐ Plaintiff has distributed the current Truth in Renting statement to Defendant in accordance with statute. ☐ Premises exempt (less than 3 units / owner-occupied 2-family).

7.2. Multifamily Registration (N.J.S.A. § 46:8-28; § 46:8-33). ☐ Premises are registered and registration is current; certificate of registration attached as Exhibit 9. (Required for any nonpayment action against a covered multifamily.) ☐ Premises exempt.

7.3. Lead-Safe Certification (P.L. 2021, c. 182; N.J.S.A. § 52:27D-437.16). ☐ Premises are covered (built before 1978) and a current lead-safe certificate has been obtained, attached as Exhibit 10. ☐ Premises exempt (built 1978 or later / single-family owner-occupied).

7.4. Window Guards Notice (N.J.A.C. 5:10-27.1). ☐ Defendant has been provided notice of right to window guards and request form (where applicable to municipality of 10,000+).

7.5. CEPA / Other Subsidized-Housing Pre-Eviction Compliance. ☐ Not applicable. ☐ Tenant is in subsidized housing; pre-eviction federal procedures (24 C.F.R. Parts 247, 982, or 966) have been satisfied; supporting documentation at Exhibit 11.

7.6. Security Deposit (N.J.S.A. § 46:8-19 to -26). Plaintiff acknowledges that any judgment for possession does not extinguish Plaintiff's separate obligation to account for the security deposit (with interest) within 30 days of termination, less itemized lawful deductions, on pain of double damages.

8. SELF-HELP BAR; NO RETALIATION

8.1. Self-Help Disclaimer. Plaintiff acknowledges that no self-help eviction has been undertaken or will be undertaken; Plaintiff seeks possession only by Judgment of this Court and Warrant of Removal executed by a Special Civil Part Officer in compliance with N.J.S.A. § 2A:39-1, R. 6:6-3, and R. 6:7-1.

8.2. No Retaliation. This action is not maintained in retaliation for any protected tenant activity within the meaning of N.J.S.A. § 2A:42-10.10. Plaintiff has not threatened, retaliated, or discriminated against Defendant on the basis of source of income, race, national origin, familial status, disability, or any class protected by N.J.S.A. § 10:5-12 et seq.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant(s) as follows:

A. Judgment for Possession of the Premises;

B. Issuance of a Warrant of Removal in accordance with R. 6:6-3, no sooner than three (3) business days after entry of judgment;

C. Costs of suit, including statutory court costs and Special Civil Part Officer fees;

D. ☐ Reasonable attorney fees to the extent recoverable by lease provision (the Lease at paragraph [____] so provides) or statute;

E. ☐ Use and occupancy at the rate of $[____] per month from the Termination Date through surrender, to be sought (where appropriate) in a separate action or by amended complaint;

F. Such other relief as the Court deems just and equitable.

10. DEMAND FOR TRIAL; COUNSEL OF RECORD

10.1. Plaintiff demands trial on the date set by the Court pursuant to R. 6:3-4(b), not less than 10 nor more than 30 days from service of the summons.

☐ Plaintiff appears pro se.

11. VERIFICATION (R. 1:4-7)

I, [________________________________], hereby verify and certify pursuant to R. 1:4-7 that:

11.1. I am the [Plaintiff / authorized agent / managing member / property manager] in the foregoing matter and have personal knowledge of the facts set forth in this Verified Complaint.

11.2. The factual allegations of the Verified Complaint are true based upon my personal knowledge, except as to those allegations made on information and belief, and as to those matters I believe them to be true.

11.3. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Sworn and subscribed before me this [____] day of [____________], 20[__].

Notary Public / Attorney at Law of NJ: [________________________________]
Commission Expires: [__/__/____]

12. CERTIFICATION OF NO OTHER ACTION (R. 4:5-1)

I hereby certify pursuant to R. 4:5-1 that the matter in controversy is not the subject of any other action pending in any court or of any pending arbitration proceeding, and no such action or arbitration is contemplated, except: ☐ None ☐ [describe]: [________________________________].

I further certify that there are no other parties who should be joined in this action at this time.

13. LANDLORD CASE INFORMATION STATEMENT

(Must be filed with the Verified Complaint per Special Civil Part Practice — see Form CN: 11148.)

14. EXHIBITS

15. NEW JERSEY PRACTICE NOTES

15.1. Verification is mandatory. R. 6:3-4(a) requires verification in accordance with R. 1:4-7. Unverified complaints in nonpayment actions are subject to dismissal. See Carteret Properties v. Variety Donuts, Inc., 49 N.J. 116 (1967).

15.2. Owner of record. R. 6:3-4(a) requires the complaint to expressly state the owner's identity and the relationship of the plaintiff to the owner. Where a property manager files, name the owner and plead authority. Failure can result in dismissal without prejudice.

15.3. Multifamily registration. No nonpayment action may be maintained against a tenant of a multifamily dwelling without a current Certificate of Registration. N.J.S.A. § 46:8-33. The registration must be alleged and proved.

15.4. Tenant's right to cure (N.J.S.A. § 2A:18-55). In any nonpayment action, the tenant has an absolute right to dismissal upon tender of all rent due plus statutory court costs at any time prior to judgment, and as a matter of course through 4:30 p.m. on the trial date. The complaint must so disclose.

15.5. Marini abatement. A tenant's habitability defense may result in a Marini hearing in which the court determines the rental value of the defective premises and credits the difference against arrears. Marini v. Ireland, 56 N.J. 130 (1970); Berzito v. Gambino, 63 N.J. 460 (1973).

15.6. Trial procedure. Trials in the Landlord/Tenant Section are summary in nature; testimony is typically taken in court without pretrial discovery. Live testimony from the landlord (or witness with personal knowledge) is required. Hearsay rules apply but courts are pragmatic.

15.7. Three-business-day stay (R. 6:6-3). No Warrant of Removal issues until 3 business days after entry of judgment for possession. Once executed, the Special Civil Part Officer must give the tenant 3 more business days before lockout.

15.8. Hardship stay / orderly removal (R. 6:6-6, R. 6:6-7). Tenants may move for a hardship stay of up to 6 months under N.J.S.A. § 2A:42-10.6. Common grounds include school-year disruption, medical emergencies, and pending rental-assistance applications.

15.9. Right to Counsel (Newark, Jersey City). Income-eligible tenants in Newark and Jersey City have a municipal right to free counsel. Court calendars increasingly accommodate appointment of counsel; do not assume tenant will appear pro se.

15.10. Subsidized housing. Federal pre-eviction notice and grievance procedures (24 C.F.R. Parts 247, 982, 966) must be exhausted before a state-court summary dispossess complaint may proceed. State courts will dismiss for lack of compliance.

15.11. Anti-Eviction Act good-cause is exclusive. A complaint that fails to plead a specific subsection of § 2A:18-61.1 is fatally defective. No-cause / lease-expiration is NOT a basis for eviction of a covered tenant.

15.12. Source-of-income discrimination. As of the January 12, 2026 amendment to NJLAD, the Act provides comprehensive definitions of "source of lawful income" and prohibits financial standards not based exclusively on the tenant's portion of rent. Income-screening practices that disregard subsidies are unlawful and constitute defenses.

16. SOURCES AND REFERENCES

• N.J.S.A. § 2A:18-53 (Summary dispossess): https://law.justia.com/codes/new-jersey/title-2a/section-2a-18-53/
• N.J.S.A. § 2A:18-55 (Tenant's right to cure): https://law.justia.com/codes/new-jersey/title-2a/
• N.J.S.A. § 2A:18-61.1 (Anti-Eviction Act): https://law.justia.com/codes/new-jersey/title-2a/section-2a-18-61-1/
• N.J.S.A. § 2A:18-61.2 (Notice periods): https://www.njleg.state.nj.us/
• N.J.S.A. § 2A:18-61.6 (Owner liability — treble damages): https://law.justia.com/codes/new-jersey/title-2a/section-2a-18-61-6/
• N.J.S.A. § 2A:39-1 et seq. (Self-help bar): https://law.justia.com/codes/new-jersey/title-2a/
• N.J.S.A. § 2A:42-10.10 to .14 (Reprisal Law): https://www.nj.gov/dca/codes/publications/pdf_lti/reprisal_law.pdf
• N.J.S.A. § 46:8-19 et seq. (Rent Security Deposit Act): https://www.nj.gov/dca/codes/publications/pdf_lti/sdepsit_law.pdf
• N.J.S.A. § 46:8-28 et seq. (Multifamily registration; Hotel and Multiple Dwelling Law): https://law.justia.com/codes/new-jersey/title-46/
• N.J.S.A. § 46:8-43 et seq. (Truth in Renting Act): https://www.nj.gov/dca/codes/publications/pdf_lti/truth_rent_act.pdf
• N.J.S.A. § 10:5-12.5 (NJLAD source-of-income): https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/know-the-law/njlad/discrimination-in-housing/
• N.J.S.A. § 52:27D-437.16 (Lead-Safe Certification, P.L. 2021, c. 182): https://www.nj.gov/dca/codes/resources/leadpaint.shtml
• Marini v. Ireland, 56 N.J. 130 (1970): https://law.justia.com/cases/new-jersey/supreme-court/1970/56-n-j-130-0.html
• Berzito v. Gambino, 63 N.J. 460 (1973): https://law.justia.com/cases/new-jersey/supreme-court/1973/
• Carteret Properties v. Variety Donuts, Inc., 49 N.J. 116 (1967): https://law.justia.com/cases/new-jersey/supreme-court/1967/
• R. 6:3 (Special Civil Part Pleadings): http://www.courtcaddy.com/nj/court-rules/r6-3.html
• R. 6:6 (Judgment): http://www.courtcaddy.com/nj/court-rules/r6-6.html
• NJ Courts Tenancy Complaint Form CN: 11148: https://www.njcourts.gov/forms
• NJ Courts Filing Fees: https://www.njcourts.gov/forms/12173_filing_fees.pdf
• NJ DCA Grounds for Eviction Bulletin: https://www.nj.gov/dca/codes/publications/pdf_lti/grnds_for_evicti_bulltin.pdf
• NJ DCA Eviction Law Bulletin: https://www.nj.gov/dca/codes/publications/pdf_lti/evic_law.pdf
• LSNJ-LAW: 1-888-LSNJ-LAW; https://www.lsnjlaw.org
• Newark Office of Tenant Legal Services: https://ecode360.com/36623969
• Right to Counsel JC: https://www.righttocounseljc.org

END OF VERIFIED TENANCY COMPLAINT