NOTICE TO QUIT AND DEMAND FOR POSSESSION

(New Jersey – Residential Premises)

[// GUIDANCE: This template is designed for use by New Jersey landlords (or their counsel) seeking to terminate a residential tenancy and recover possession of the leased premises. It tracks the core requirements of the New Jersey Anti-Eviction Act, N.J. Stat. Ann. §§ 2A:18-61.1 et seq., but MUST be customized for the specific statutory ground selected, the tenancy at issue, and any local municipal ordinances. Verify all facts, dates, amounts, and service details before issuing.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Certificate of Service

I. DOCUMENT HEADER

1. Effective Date: [EFFECTIVE DATE]
2. Landlord: [LANDLORD LEGAL NAME], [entity type], having its principal place of business at [LANDLORD ADDRESS] (“Landlord”).
3. Tenant(s): [TENANT FULL LEGAL NAME(S)], residing at the Premises defined below (“Tenant”).
4. Premises: The residential dwelling located at [PREMISES ADDRESS, UNIT #, CITY, NJ ZIP].
5. Lease: That certain written [or “oral”] residential lease agreement dated [LEASE DATE], together with all amendments, addenda, and renewals (“Lease”).
6. Jurisdiction: State of New Jersey; venue in the Special Civil Part, Landlord-Tenant Section of the Superior Court of New Jersey (the “Housing Court”).

II. DEFINITIONS

For purposes of this Notice, the following capitalized terms have the meanings set forth below:

“Anti-Eviction Act” means the New Jersey Anti-Eviction Act, N.J. Stat. Ann. §§ 2A:18-61.1 et seq.
“Cure Period” means the statutory period, if any, within which Tenant may remedy the Default as specified in Section III.
“Default” means the lease violation(s) or statutory ground(s) for eviction identified in Section III.
“Notice Period” means the mandatory time that must elapse between service of this Notice and commencement of any summary dispossess action, as set forth in Section III.
“Premises” has the meaning given in Section I.
“Rent” means all amounts due under the Lease, including base rent, late fees, utilities, and any other additional rent or charges.

III. OPERATIVE PROVISIONS

3.1 Statement of Default

Landlord hereby notifies Tenant that the following Default has occurred under the Lease and/or the Anti-Eviction Act:

[ ] A. Non-Payment of Rent – Tenant has failed to pay Rent in the total amount of $[AMOUNT DUE] for the period of [DATES] (Anti-Eviction Act § 2A:18-61.1(a)).

[ ] B. Disorderly Conduct – Tenant has willfully and continuously exhibited disorderly behavior that disturbs other occupants (Anti-Eviction Act § 2A:18-61.1(b)).

[ ] C. Willful or Grossly Negligent Destruction of Property (Anti-Eviction Act § 2A:18-61.1(c)).

[ ] D. Habitual Late Payment of Rent – Following prior written Notice to Cease dated [DATE], Tenant has again paid rent late on [DATES] (Anti-Eviction Act § 2A:18-61.1(d)).

[ ] E. Violation of Rules and Regulations – After prior Notice to Cease dated [DATE], Tenant continues to breach the following rule(s): [DESCRIBE] (Anti-Eviction Act § 2A:18-61.1(e)).

[// GUIDANCE: Select only the ground(s) that actually apply, attach any required prior “Notice to Cease,” and delete all others.]

3.2 Statutory Notice and Cure Period

[// GUIDANCE: If a municipal rent control ordinance imposes longer periods, substitute those deadlines.]

3.3 Demand for Possession

Landlord hereby DEMANDS that Tenant quit, vacate, and deliver possession of the Premises on or before [VACATE DATE], which is no earlier than the expiration of the applicable Notice Period.

3.4 Conditional Opportunity to Cure (if applicable)

If the Default is one for which cure is permitted (see Section 3.2), Tenant may avoid eviction by taking ALL required corrective action and delivering written proof thereof to Landlord at the address below on or before the last day of the Cure Period.

3.5 Reservation of Rights

Failure of Tenant to comply fully with this Notice will result in Landlord commencing summary dispossess proceedings under N.J. Stat. Ann. § 2A:18-61.2 without further notice and pursuing all available remedies, including but not limited to a judgment for possession, issuance of a warrant for removal, and collection of Rent arrears, costs, and statutory attorney’s fees.

IV. REPRESENTATIONS & WARRANTIES

1. Authority. Landlord represents that it is the record owner or duly authorized property manager of the Premises with full power to issue this Notice.
2. Accuracy. Landlord warrants that, to the best of its knowledge, the facts set forth herein are true and correct.
3. Survival. The representations and warranties in this Section survive delivery of this Notice.

V. COVENANTS & RESTRICTIONS

1. Tenant Covenant to Vacate or Cure. Tenant shall either (a) vacate the Premises by the Vacate Date, or (b) timely cure the Default in strict conformity with Section 3.4.
2. Tenant Covenant to Continue Compliance. If Tenant cures, Tenant shall remain in full compliance with the Lease and all applicable law for the remainder of the tenancy.
3. Landlord Covenant to Accept Cure (If Mandatory). Where the Anti-Eviction Act confers an absolute right to cure, Landlord shall accept a timely, complete cure and refrain from filing for eviction on that Default.

VI. DEFAULT & REMEDIES

1. Events of Default. Any failure by Tenant to vacate or cure within the deadlines stated constitutes a further “Event of Default.”
2. Remedies. Upon an Event of Default, Landlord may:
   a. File a Verified Complaint for Summary Dispossess in the Housing Court;
   b. Seek a Judgment for Possession and Warrant for Removal;
   c. Seek monetary judgment for Rent, mesne profits, costs, and statutory attorney’s fees; and
   d. Pursue any other relief available at law or in equity.

VII. RISK ALLOCATION

[// GUIDANCE: Indemnification and liability caps are not applicable to a statutory eviction notice and therefore intentionally omitted.]

VIII. DISPUTE RESOLUTION

1. Governing Law. This Notice and any ensuing action shall be governed by the landlord-tenant laws of the State of New Jersey.
2. Forum Selection. The exclusive forum for any dispossess or related action is the Special Civil Part, Landlord-Tenant Section, in the county where the Premises are located.
3. Arbitration. Arbitration is not available for statutory eviction proceedings.
4. Jury Trial. Nothing herein is intended to waive Tenant’s constitutional right to a jury trial where such right exists.
5. Injunctive Relief. Landlord reserves the right to seek emergent equitable relief (including orders for eviction and/or injunctions) as permitted by statute.

IX. GENERAL PROVISIONS

1. No Waiver. Landlord’s acceptance of partial Rent or any delay in enforcing rights shall not be deemed a waiver of any Default.
2. Amendment. This Notice may be amended only by a subsequent written instrument executed by Landlord.
3. Severability. If any provision of this Notice is held invalid, the remaining provisions shall remain in full force.
4. Integration. This Notice, together with any prior Notice to Cease (if applicable), constitutes the entire notice required under the Anti-Eviction Act for the Default stated.
5. Electronic Signatures. Facsimile, PDF, and electronic signatures shall be deemed originals for all purposes permitted by law.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned, being duly authorized, has executed and delivered this Notice on the Effective Date.

LANDLORD:

[LANDLORD NAME or AUTHORIZED AGENT]
Title: [TITLE, if entity]
Date: _________

[// GUIDANCE: Notarization is not statutorily required for a Notice to Quit in NJ, but may be added for evidentiary value.]

XI. CERTIFICATE OF SERVICE

I, _____, certify under penalty of perjury that on _______ [DATE], I served the foregoing Notice to Quit and Demand for Possession on Tenant(s) as follows (check all that apply):

[ ] Personal delivery to Tenant(s) at the Premises.
[ ] Posting conspicuously on the main entrance of the Premises and sending a copy via certified mail, return receipt requested, to the Premises address.
[ ] Certified mail, return receipt requested, to Tenant’s last known address.
[ ] Other method permitted by N.J. Stat. Ann. § 2A:18-61.2: ____.

Executed on ___ [DATE] at _______ [City, State].

Signature of Server

[// GUIDANCE: Retain (1) an executed copy of this Notice, (2) proof of mailing or personal service, and (3) any postal receipts. These documents will be required as exhibits in any summary dispossess action.]