Notice to Pay or Quit (Demand for Rent) — New Jersey

NOTICE TO PAY RENT OR QUIT — NEW JERSEY

TABLE OF CONTENTS

1. Header and Recipient Block
2. Statement of Tenancy
3. Rent Default — Itemization
4. Demand for Payment or Possession
5. Habitual Late Payment Election (Optional)
6. Tenant's Statutory Cure Right
7. Tenant Rights Disclosures
8. Reservation of Rights and Non-Waiver
9. Method of Service
10. Signature and Certification of Service
11. Affidavit of Service
12. New Jersey Practice Notes
13. Sources and References

1. HEADER AND RECIPIENT BLOCK

NOTICE TO PAY RENT OR QUIT AND DELIVER POSSESSION

(Pursuant to N.J.S.A. § 2A:18-53 / § 2A:18-61.1(a) / § 2A:18-61.1(j) and § 2A:18-61.2)

2. STATEMENT OF TENANCY

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

2.2. You currently occupy the Premises as a tenant pursuant to a ☐ written lease ☐ oral month-to-month tenancy ☐ holdover tenancy dated [__/__/____].

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

2.4. ☐ The Premises are subject to the New Jersey Anti-Eviction Act, N.J.S.A. § 2A:18-61.1 et seq.
☐ The Premises are NOT subject to the Anti-Eviction Act (specify basis: ☐ owner-occupied premises with not more than two rental units; ☐ hotel, motel, or other guest house rented to a transient guest or seasonal tenant; ☐ covered family-occupied dwelling under § 2A:18-61.1's disability-related exception; ☐ commercial tenancy; ☐ other: [____]). Confirm the applicable possession route under N.J.S.A. § 2A:18-53.

3. RENT DEFAULT — ITEMIZATION

3.1. As of the date of this Notice, the following rent is unpaid. Include late fees as additional rent in this residential nonpayment demand only if the written lease specifies them as additional rent and applicable federal, state, and local law permits them (Judiciary Verified Complaint, items 17–18).

3.2. The above sum represents base rent and qualifying additional rent in arrears as of the date of this Notice. Any further amount claimed in a later eviction action must be identified and supported in the verified complaint.

4. DEMAND FOR PAYMENT OR POSSESSION

4.1. YOU ARE HEREBY NOTIFIED AND DEMANDED to pay the full amount of rent in arrears set forth above, in cash, certified funds, or other immediately negotiable instrument, on or before:

Requested payment date: [__/__/____] at [____] :[____] ☐ a.m. ☐ p.m.

4.2. If the Premises are covered by the Anti-Eviction Act and this demand concerns ordinary nonpayment under § 2A:18-61.1(a), missing the requested payment date does not itself terminate your tenancy or require you to leave. You may pay the amount required to cure under applicable law after that date. Only a court judgment and a warrant carried out by a Special Civil Part officer can remove you.

4.3. If rent remains unpaid, the landlord may commence a Summary Dispossess action in the Superior Court of New Jersey, Law Division, Special Civil Part — Landlord/Tenant Section, [________________________________] County, seeking a Judgment for Possession and a Warrant of Removal, plus costs, attorney fees if and to the extent recoverable, and any other relief the court deems just. Any separate termination demand in Section 5 applies only if that section is selected and its statutory requirements are met.

5. HABITUAL LATE PAYMENT ELECTION (OPTIONAL)

5.1. ☐ This Notice is also served pursuant to N.J.S.A. § 2A:18-61.1(j) and § 2A:18-61.2 as a ONE-MONTH NOTICE TO QUIT based upon your habitual late payment of rent.

5.2. A prior Notice to Cease dated [__/__/____] was served upon you and warned you to cease the habitual late payment of rent. You have nevertheless continued to pay rent late, including on the following dates:

5.3. Pursuant to N.J.S.A. § 2A:18-61.2(b), the landlord demands that you quit and surrender possession on or before [__/__/____] (no fewer than one (1) calendar month after service of this Notice), based on the alleged habitual late payment. If you dispute this ground or remain, the landlord must obtain a judgment and warrant through the court before removal.

6. TENANT'S STATUTORY CURE RIGHT

6.1. PAYMENT BEFORE TRIAL — NONPAYMENT CASES. The Judiciary's current residential complaint lists base rent, permissible additional rent, and filing fees in the dismissal amount. If trial is on or after the next rent due date, that rent is added. Payment may be made to the landlord or court clerk before trial; the court form requires payment by 4:30 p.m. on the trial date. In a nonpayment case, § 2A:42-10.16a separately provides three business days after warrant posting or lockout to pay rent due and owing. See N.J.S.A. § 2A:18-55 and the current Appendix XI-X complaint.

6.2. RESIDENTIAL PAYMENT AFTER JUDGMENT OR EVICTION. In a residential nonpayment case, the Judiciary states that the tenant may pay all rent due and approved costs within three (3) business days after the judgment for possession to avoid eviction. The current court page also describes a right to tender the full amount through three (3) business days after an eviction, after which the landlord must notify the court so the case can be dismissed. Confirm the exact amount, payee, form of funds, and filing steps with the Special Civil Part immediately.

6.3. WARRANT TIMELINE. N.J.S.A. § 2A:18-57 bars issuance of a warrant of removal until three days after entry of judgment for possession, subject to the chapter 42 exception stated there. A residential tenant then has a separate three-business-day period after service of the warrant before the Special Civil Part officer may carry out the eviction. Only the court officer may execute the warrant.

6.4. PARTIAL PAYMENT. Record any payment actually accepted, credit it to the balance, and state any remaining sum accurately in a later court filing. The legal effect of accepting a partial payment depends on the applicable law and circumstances.

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. It explains your rights under New Jersey landlord-tenant law.

7.2. HABITABILITY DEFENSE (Marini v. Ireland, 56 N.J. 130 (1970)): If you contend that the Premises were not habitable or that the landlord failed to make required repairs, you may raise a Marini defense at trial. You may also be entitled to a Marini abatement hearing to determine the rental value of the defective premises.

7.3. REPRISAL/ANTI-RETALIATION (N.J.S.A. § 2A:42-10.10 to .14): Any eviction action that is in retaliation for your good-faith complaint regarding habitability, code violations, or for exercising any right under law or your lease may be defended on the basis of unlawful reprisal.

7.4. SOURCE OF LAWFUL INCOME / NJLAD (N.J.S.A. § 10:5-12(g)(1)-(2)): Housing discrimination because of a tenant's lawful source of income for rental payments, including rental assistance, is prohibited.

7.5. SELF-HELP PROHIBITED (N.J.S.A. § 2A:39-1): The landlord may NOT lock you out, remove your possessions, shut off utilities, or otherwise force you to leave without a Warrant of Removal executed by a Special Civil Part Officer. Violation entitles you to treble damages and attorney fees under N.J.S.A. § 2A:39-8.

7.6. SENIOR CITIZEN / DISABLED PROTECTED TENANCY: If the owner is converting the building to condominium, cooperative, or qualifying fee-simple ownership, eligible senior citizens and tenants with qualifying disabilities may apply for protected tenancy under N.J.S.A. § 2A:18-61.22 et seq. Age or disability alone does not create this protection in an ordinary nonpayment case.

7.7. RIGHT TO COUNSEL (LOCAL ORDINANCE):
☐ City of Newark: Income-eligible Newark tenants have a right to free legal counsel in eviction proceedings under Newark Municipal Code Chapter 8 (Office of Tenant Legal Services). Contact the Newark Office of Tenant Legal Services or call 973-733-3675.
☐ Jersey City: Income-eligible Jersey City tenants have a right to free legal counsel under Jersey City Ordinance 23-046 (June 2023). Contact Right to Counsel JC at https://www.righttocounseljc.org.
☐ Statewide: Legal Services of New Jersey LSNJ-LAW Hotline 1-888-LSNJ-LAW (1-888-576-5529).

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 in this Notice shall be construed as a waiver of any such right or remedy.

8.2. Any rent accepted after this Notice shall be credited to the tenant's account. The parties reserve their respective positions about the legal effect of that payment under applicable law.

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

9. METHOD OF SERVICE

For the optional one-month notice to quit under N.J.S.A. § 2A:18-61.2, use one of the statutory methods below. Regular mail is required as a follow-up if certified mail is unclaimed; posting or regular mail alone does not serve that notice.

☐ Personal delivery to the tenant at the Premises;
☐ Left at the tenant's usual place of abode with a family member older than fourteen (14) years;
☐ U.S. Certified Mail, Return Receipt Requested, to the Premises;
☐ If certified mail was unclaimed, regular mail sent to the Premises on [__/__/____].

10. SIGNATURE AND CERTIFICATION OF SERVICE

11. AFFIDAVIT OF SERVICE

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

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

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

11.2. On [__/__/____] at approximately [____] ☐ a.m. ☐ p.m., I served the foregoing Notice to Pay Rent or Quit upon [TENANT NAME] at [PREMISES ADDRESS] by the following method(s):

☐ Personal delivery
☐ Left at the tenant's usual place of abode with family member older than 14 named [________________________________]
☐ Certified Mail, Article No. [________________________________]
☐ Regular Mail after certified mail was unclaimed, mailed on [__/__/____]

I certify that the foregoing statements made by me 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 the State of New Jersey: [________________________________]
Commission Expires: [__/__/____]

12. NEW JERSEY PRACTICE NOTES

12.1. Filing forum. Summary dispossess actions are venued in the Superior Court of New Jersey, Law Division, Special Civil Part — Landlord/Tenant Section, in the county where the Premises are located. The Judiciary lists a filing fee of $50.00 for one defendant/tenant plus $5.00 per additional defendant/tenant (verify current fees at https://www.njcourts.gov/faq/what-are-filing-fees) plus mileage for service.

12.2. Return date. The tenancy summons states the trial date, time, and place. In a summary dispossess action, the appearance date is at least twenty-one (21) days after service under R. 6:2-1, as amended effective September 1, 2025. Check the issued summons for the actual date.

12.3. Judgment and warrant periods. N.J.S.A. § 2A:18-57 requires at least three days after judgment for possession before a warrant of removal issues, subject to its stated exception. Once a residential tenant is served with the warrant, the tenant has a separate three-business-day period to leave before the Special Civil Part officer may carry out the eviction. R. 6:7-1(d).

12.4. Post-judgment applications. The Judiciary describes an Order for Orderly Removal as potentially allowing up to seven additional calendar days to move and a separate Hardship Stay as potentially stopping eviction for up to six months when its payment and hardship conditions are met. Use the current Judiciary packets and do not combine these distinct remedies.

12.5. Pure nonpayment vs. habitual late payment. N.J.S.A. § 2A:18-61.2 exempts ordinary nonpayment under § 2A:18-61.1(a) from its state notice-to-quit requirement. For a dwelling on a CARES Act covered property, 15 U.S.C. § 9058(c) also requires a notice to vacate at least 30 days before the tenant can be required to vacate; check coverage and any additional lease or program notice requirements. Habitual late payment under § 2A:18-61.1(j) requires a Notice to Cease and a one-month Notice to Quit.

12.6. Subsidized housing. A tenant-based Housing Choice Voucher tenancy is governed by 24 C.F.R. § 982.310 and its lease and HAP contract; Part 247 does not apply to that tenancy. For a subsidized project covered by Part 247, check its separate termination-notice requirements. Consult with HUD compliance counsel about the applicable program.

12.7. Lead-safe inspections (P.L. 2021, c. 182). Covered pre-1978 rental dwellings are subject to statewide periodic lead-hazard inspection requirements, with exemptions specified in N.J.A.C. 5:28A. The first inspection was due by July 22, 2024, or earlier tenant turnover. A missing required certification may be reported to the municipality, which enforces owner compliance under N.J.A.C. 5:28A-4.1.

13. SOURCES AND REFERENCES

• N.J.S.A. §§ 2A:18-51 through 2A:18-61.67, current official DCA republication through L. 2025, c. 152 and J.R. 11: https://www.nj.gov/dca/codes/codreg/pdf_regs/2A_18_61.12%20_%2038%20and%2059.pdf
• N.J.S.A. § 2A:18-53 (Summary Dispossess Act): https://law.justia.com/codes/new-jersey/title-2a/section-2a-18-53/
• N.J.S.A. § 2A:18-61.1 (Anti-Eviction Act — grounds): https://www.nj.gov/dca/codes/codreg/pdf_regs/2A_18_61.pdf
• N.J.S.A. § 2A:18-61.2 (Notice requirements): https://www.nj.gov/dca/codes/codreg/pdf_regs/2A_18_61.pdf
• N.J.S.A. § 2A:42-9 (Dismissal on payment of rent and costs before trial): https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu
• 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(g)(1)-(2) (NJLAD source of lawful income): https://www.nj.gov/dca/codes/publications/pdf_lti/discrim_in_hsing.pdf
• 15 U.S.C. § 9058(c) (covered-dwelling notice to vacate): https://www.govinfo.gov/app/details/USCODE-2024-title15/USCODE-2024-title15-chap116-subchapIII-partA-sec9058
• N.J.S.A. § 2A:39-1 et seq. (Self-help prohibition): https://law.justia.com/codes/new-jersey/title-2a/
• Marini v. Ireland, 56 N.J. 130 (1970): https://law.justia.com/cases/new-jersey/supreme-court/1970/56-n-j-130-0.html
• NJ DCA Grounds for Eviction Bulletin: https://www.nj.gov/dca/codes/publications/pdf_lti/grnds_for_evicti_bulltin.pdf
• NJ DCA current Anti-Eviction Act compilation (§§ 2A:18-61.1 and -61.2): https://www.nj.gov/dca/codes/codreg/pdf_regs/2A_18_61.pdf
• NJ Courts Landlord-Tenant Self-Help (current payment, judgment, warrant, and post-judgment procedures): https://www.njcourts.gov/self-help/landlord-tenant
• NJ Courts Special Civil Part Filing Fees: https://www.njcourts.gov/faq/what-are-filing-fees
• R. 6:2-1 (tenancy summons and appearance date), 2025 Omnibus Rule Amendment Order: https://www.njcourts.gov/sites/default/files/notices/2025/08/n250808a.pdf
• R. 6:7-1(d) (Warrant of Removal): https://www.njcourts.gov/attorneys/rules-of-court
• LSNJ-LAW (Legal Services of New Jersey) Hotline: 1-888-LSNJ-LAW; https://www.lsnjlaw.org
• Newark Office of Tenant Legal Services: https://ecode360.com/36623969
• Right to Counsel JC (Jersey City): https://www.righttocounseljc.org

END OF NOTICE