Notice to Cease / Notice to Cure or Quit — New Jersey

NOTICE TO CEASE / NOTICE TO CURE OR QUIT — NEW JERSEY

TABLE OF CONTENTS

1. Header and Recipient Block
2. Tenancy Identification
3. Statutory Ground Selection
4. Part A — NOTICE TO CEASE
5. Part B — NOTICE TO CURE OR QUIT (Notice to Quit)
6. Tenant's Cure Rights and Defenses
7. Tenant Rights Disclosures
8. Reservation of Rights and Non-Waiver
9. Method of Service
10. Signature and Affidavit of Service
11. New Jersey Practice Notes
12. Sources and References

1. HEADER AND RECIPIENT BLOCK

☐ NOTICE TO CEASE
☐ NOTICE TO CURE OR QUIT (Notice to Quit / Demand for Possession)

(Pursuant to N.J.S.A. § 2A:18-61.1 and § 2A:18-61.2)

2. TENANCY IDENTIFICATION

2.1. The undersigned is the landlord (or duly authorized agent) of the premises located at [________________________________] (the "Premises").

2.2. You currently occupy the Premises as a tenant pursuant to:

☐ Written lease dated [__/__/____] (the "Lease")
☐ Oral month-to-month tenancy
☐ Holdover tenancy
☐ Other: [________________________________]

2.3. The Premises are subject to the New Jersey Anti-Eviction Act, N.J.S.A. § 2A:18-61.1 et seq. ☐ Yes ☐ No (specify exemption: [____]).

3. STATUTORY GROUND SELECTION

This Notice is served on the following enumerated good-cause ground(s) under the Anti-Eviction Act (check all that apply):

☐ (b) Disorderly conduct — destruction of peace and quiet of other tenants. Notice to Cease required; thereafter three (3) day Notice to Quit.
☐ (c) Willful or grossly negligent damage to the Premises. Three (3) day Notice to Quit; no cease required.
☐ (d) Substantial violation of landlord's reasonable rules and regulations. Notice to Cease required; thereafter one (1) month Notice to Quit; rules must have been accepted in writing or made part of the lease at inception.
☐ (e) Substantial breach of express covenants or agreements of the Lease. Lease must contain a "void on breach" clause; Notice to Cease required; thereafter one (1) month Notice to Quit.
☐ (j) Habitual late payment of rent after Notice to Cease. Notice to Cease required; thereafter one (1) month Notice to Quit.
☐ (h) Substantial alteration of lease terms tenant declines to accept. Three (3) month Notice to Quit.
☐ (k) Refusal to accept reasonable lease changes upon renewal. Three (3) month Notice to Quit.
☐ Other ground: [________________________________] (specify subsection and notice period).

4. PART A — NOTICE TO CEASE

4.1. YOU ARE HEREBY NOTIFIED that you have engaged in conduct that the landlord deems a violation of the Lease and/or the New Jersey Anti-Eviction Act, specifically as follows:

Description of Offending Conduct (with date, time, and circumstance):

4.2. Specific Lease Provision or Rule Violated (cite paragraph/section number and quote the text):

[________________________________]

4.3. DEMAND TO CEASE. You are hereby directed and demanded to immediately cease and desist from such conduct, and to refrain from any future conduct of the same or similar character.

4.4. OPPORTUNITY TO CURE. You shall have through [__/__/____] (a reasonable period of not less than [____] days) within which to cure and cease the offending conduct. Brunswick Street Associates v. Gerard, ___ N.J. Super. ___ (App. Div.) (cure period must be reasonable in the circumstances).

4.5. CONSEQUENCES OF NON-COMPLIANCE. If you fail to cease such conduct, or if such conduct (or any substantially similar conduct) recurs after the cure date set forth above, the landlord intends to serve upon you a Notice to Quit terminating your tenancy and, thereafter, to commence a Summary Dispossess action in the Superior Court of New Jersey, Law Division, Special Civil Part, seeking a Judgment for Possession.

4.6. OPPORTUNITY TO BE HEARD. You may contact the landlord at the address and telephone above to discuss the alleged conduct, present any explanation or proof of cure, or arrange a meeting. This opportunity does not extend the cure deadline unless agreed in writing.

5. PART B — NOTICE TO CURE OR QUIT (NOTICE TO QUIT)

5.1. YOU WERE PREVIOUSLY SERVED (if applicable) with a Notice to Cease dated [__/__/____], a true copy of which is attached as Exhibit A, demanding that you cease the offending conduct described therein.

5.2. NOTWITHSTANDING such Notice to Cease (if served), you have continued to engage in the offending conduct, including the following specific incidents post-dating the Notice to Cease:

5.3. TERMINATION OF TENANCY AND DEMAND FOR POSSESSION. Pursuant to N.J.S.A. § 2A:18-61.2, you are hereby notified that:

(a) The tenancy of the Premises is terminated effective [__/__/____] (the "Termination Date"), being not less than the statutory period required for the cited ground after service of this Notice;

(b) You are required to quit, vacate, and surrender peaceful possession of the Premises to the landlord by the Termination Date, removing all persons and personal property; and

(c) If you fail to surrender possession by the Termination Date, the landlord intends to commence a Summary Dispossess action against you in the Superior Court of New Jersey, Law Division, Special Civil Part — Landlord/Tenant Section, [________________________________] County, seeking a Judgment for Possession, a Warrant of Removal, costs of suit, and any further relief the court deems just.

5.4. NOTICE PERIOD. The applicable statutory notice period under N.J.S.A. § 2A:18-61.2 is [____ days / one month / two months / three months] (specify), measured from service of this Notice to the Termination Date.

6. TENANT'S CURE RIGHTS AND DEFENSES

6.1. STATUTORY DEFENSES. You have the right to defend any subsequent Summary Dispossess action by, among other things:

(a) Demonstrating that the conduct alleged did not occur or did not breach the Lease or any Anti-Eviction Act ground;
(b) Demonstrating that the Notice to Cease (where required) was insufficient in specificity or cure period;
(c) Asserting the implied warranty of habitability and seeking a Marini abatement;
(d) Asserting reprisal/retaliation under N.J.S.A. § 2A:42-10.10 to .14;
(e) Asserting unlawful discrimination, including source-of-income discrimination, under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-12.5;
(f) Asserting protected-tenancy status under N.J.S.A. § 2A:18-61.22 et seq. (senior citizens, disabled, residents of converted property);
(g) Asserting equitable defenses including waiver, estoppel, accord and satisfaction, or laches;
(h) Asserting noncompliance with federal or state subsidized-housing eviction-procedure requirements (Section 8, public housing, LIHTC).

6.2. CONTACT FOR DISCUSSION. You may contact the landlord at the address and telephone above to attempt resolution prior to commencement of any court action.

7. TENANT RIGHTS DISCLOSURES

7.1. TRUTH IN RENTING ACT (N.J.S.A. § 46:8-43 et seq.): A copy of the New Jersey Department of Community Affairs Truth in Renting statement is available at https://www.nj.gov/dca/codes/publications/pdf_lti/t_i_r.pdf and explains your rights as a tenant.

7.2. HABITABILITY (Marini v. Ireland): You may invoke the implied warranty of habitability and the repair-and-deduct remedy as a defense or counterclaim.

7.3. REPRISAL PROHIBITED (N.J.S.A. § 2A:42-10.10): It is unlawful for the landlord to evict you in retaliation for the exercise of any legal right or for a good-faith complaint to a governmental authority concerning health or safety.

7.4. NJLAD SOURCE-OF-INCOME PROTECTION (N.J.S.A. § 10:5-12.5): It is unlawful for the landlord to discriminate based on lawful source of income, including Section 8 vouchers, Social Security, child support, alimony, or any government rental assistance.

7.5. SELF-HELP IS PROHIBITED (N.J.S.A. § 2A:39-1; N.J.S.A. § 2A:39-8): Lock-outs, utility shut-offs, and removal of belongings without a Warrant of Removal expose the landlord to treble damages plus attorney fees.

7.6. SENIOR/DISABLED PROTECTED TENANCY (N.J.S.A. § 2A:18-61.22 et seq.): If you qualify, you may be entitled to additional protections during conversion or other no-fault grounds.

7.7. RIGHT TO COUNSEL:
☐ Newark, NJ: Income-eligible Newark residents have a right to free legal counsel under Newark Municipal Code Ch. 8 (Office of Tenant Legal Services); 973-733-3675.
☐ Jersey City, NJ: Income-eligible Jersey City residents have a right to free counsel under Jersey City Ord. 23-046 (June 2023); https://www.righttocounseljc.org.
☐ Statewide: Legal Services of New Jersey 1-888-LSNJ-LAW (1-888-576-5529); https://www.lsnjlaw.org.

8. RESERVATION OF RIGHTS AND NON-WAIVER

8.1. The landlord expressly reserves all rights and remedies under the Lease, statute, and common law, and nothing herein shall be construed as a waiver of any such right or remedy.

8.2. Acceptance of any rent payment after the date of this Notice shall not be deemed a reinstatement of the tenancy or a waiver of the demand for possession, except as required by law. Cf. Carteret Properties v. Variety Donuts, Inc., 49 N.J. 116 (1967).

8.3. The landlord reserves the right to amend, supplement, or substitute notices as additional grounds for possession arise.

9. METHOD OF SERVICE

This Notice was served by the following method(s) (mark all that apply):

☐ Personal delivery to tenant at the Premises;
☐ Delivery to a member of the tenant's household over age fourteen (14) at the Premises;
☐ Posting in a conspicuous place at the Premises (front door / main entry);
☐ U.S. First-Class Mail, postage prepaid;
☐ U.S. Certified Mail, Return Receipt Requested, Article No. [________________________________];
☐ Other (specify): [________________________________].

10. SIGNATURE AND AFFIDAVIT OF SERVICE

AFFIDAVIT OF SERVICE

STATE OF NEW JERSEY )
COUNTY OF [____] ) ss.

I, [________________________________], of full age, being duly sworn, depose and say:

10.1. I am over the age of eighteen (18) and not a party to this matter.

10.2. On [__/__/____] at approximately [____] ☐ a.m. ☐ p.m., I served a true copy of the foregoing Notice upon [TENANT NAME] at [PREMISES ADDRESS] by the method(s) marked in Section 9.

I certify that the foregoing statements are true. 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: [__/__/____]

11. NEW JERSEY PRACTICE NOTES

11.1. Two-step notice rule. For grounds (b), (d), (e), and (j), New Jersey courts strictly enforce the two-step Notice to Cease + Notice to Quit sequence. A.P. Dev. Corp. v. Band, 113 N.J. 485 (1988). The Notice to Cease must precede, not be combined with, the Notice to Quit, and a reasonable cure window must elapse.

11.2. "Void on breach" requirement for ground (e). A landlord may not evict for breach of lease covenant under § 2A:18-61.1(e) unless the lease contains a clause providing that the term shall be void or voidable upon breach. Without that clause, ground (d) (rules and regulations) may be alternative.

11.3. Specificity. A bare recital that the tenant has "violated the lease" is insufficient. The Notice to Cease must identify dates, conduct, and the specific lease provision or rule with enough particularity that the tenant can cure. Centennial Vill. Apts. v. Lockhart, ___.

11.4. Drug-related and assault grounds ((m)–(p)). These grounds typically permit a three-day Notice to Quit without a Notice to Cease where there has been a conviction or guilty plea. Verify current statutory text and underlying conviction documents before relying on these grounds.

11.5. Owner-occupied 2-3 family exemption. If the building has three or fewer units AND the owner occupies one as a permanent residence, the Anti-Eviction Act does not apply. The landlord may proceed under N.J.S.A. § 2A:18-53 with one-month notice to a month-to-month tenant under common law.

11.6. Subsidized housing. Federal Section 8 and public-housing tenants are entitled to additional pre-eviction notice and grievance procedures under 24 C.F.R. Parts 247, 982, and 966. State-court eviction may not proceed until federal procedures are complete.

11.7. Service. While statutory service mechanisms vary, the safest practice is: (a) personal delivery by a non-party adult, (b) substituted service on a household member age 14+, plus (c) regular AND certified mail to the Premises, plus (d) posting if no one is present. Document everything contemporaneously.

11.8. Filing and trial. After expiration of the Notice to Quit period, the landlord may file a Verified Complaint in the Special Civil Part — Landlord/Tenant Section. The court will set a trial date 10–30 days from service of the summons. R. 6:3-4.

11.9. Three-business-day stay (R. 6:6-3). No Warrant of Removal may issue or be executed until three (3) business days after entry of judgment for possession; once executed, the tenant gets three (3) more business days before lockout.

12. SOURCES AND REFERENCES

• 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:42-10.10 to .14 (Reprisal Law): https://www.nj.gov/dca/codes/publications/pdf_lti/reprisal_law.pdf
• N.J.S.A. § 46:8-43 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/
• Marini v. Ireland, 56 N.J. 130 (1970): https://law.justia.com/cases/new-jersey/supreme-court/1970/56-n-j-130-0.html
• A.P. Dev. Corp. v. Band, 113 N.J. 485 (1988): https://law.justia.com/cases/new-jersey/supreme-court/1988/
• 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
• NJ Courts Landlord-Tenant Self-Help: https://www.njcourts.gov/self-help/landlord-tenant
• 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 NOTICE