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 exemption: ☐ owner-occupied building of not more than three units; ☐ seasonal rental; ☐ hotel/motel under 90 days; ☐ commercial; ☐ other: [____]) and are governed by N.J.S.A. § 2A:18-53.

3. RENT DEFAULT — ITEMIZATION

3.1. As of the date of this Notice, you are in default in the payment of rent in the amount itemized below:

3.2. The above sum represents only the rent in arrears as of the date of this Notice. Additional rent that becomes due during the pendency of any subsequent eviction action will likewise be owed and will be reflected in the verified complaint.

4. DEMAND FOR PAYMENT OR POSSESSION

4.1. YOU ARE HEREBY NOTIFIED AND DEMANDED, pursuant to N.J.S.A. § 2A:42-9, to pay the full amount of rent in arrears set forth above, in cash, certified funds, or other immediately negotiable instrument, on or before:

Date for Cure / Quit: [__/__/____] at [____] :[____] ☐ a.m. ☐ p.m.

4.2. If you fail to pay the rent in full by the date and time specified, you are required to quit, vacate, and surrender peaceful possession of the Premises to the landlord, removing all persons and property.

4.3. If you fail to do either, 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 and a Warrant of Removal, plus costs, attorney fees if and to the extent recoverable, and any other relief the court deems just.

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), you are required to quit, vacate, and surrender possession of the Premises on or before [__/__/____] (no fewer than one (1) calendar month after service of this Notice), regardless of whether you tender the current rent.

6. TENANT'S STATUTORY CURE RIGHT

6.1. STATUTORY RIGHT TO CURE. New Jersey law and Court Rule preserve your absolute right to cure a nonpayment claim by paying all rent then due, together with allowable court costs, at any time prior to entry of judgment for possession, and as a matter of course before 4:30 p.m. on the trial date. Tender of full payment will result in dismissal of any subsequent summary dispossess action under N.J.S.A. § 2A:18-55.

6.2. POST-JUDGMENT CURE. Even after a judgment for possession is entered, you may invoke the three (3) business-day stay before the Warrant of Removal is executed (R. 6:6-3) and may seek a hardship stay or order for orderly removal under R. 6:6-6 / R. 6:6-7.

6.3. PARTIAL PAYMENT. Acceptance by the landlord of any partial payment of rent shall not constitute a waiver of any right under this Notice unless expressly so stated in a separate writing signed by the landlord.

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 was previously distributed to you. 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 INCOME / NJLAD (N.J.S.A. § 10:5-12.5): It is unlawful for the landlord to refuse rent in whole or in part because it derives from a Section 8 voucher, State Rental Assistance Program, Social Security, child support, or any other lawful source of income.

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 you qualify under N.J.S.A. § 2A:18-61.22 et seq. (Senior Citizens and Disabled Protected Tenancy Act), additional protections may apply.

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. Acceptance of rent or any part thereof after the date of this Notice shall not be construed as a reinstatement of the tenancy or waiver of the demand for possession set forth herein, except as required by 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

This Notice may be served by any of the following methods, and the landlord intends to use those marked:

☐ Personal delivery to the tenant at the Premises;
☐ Delivery to a member of the tenant's household over the age of fourteen (14) years residing at the Premises;
☐ Posting in a conspicuous place upon the Premises if no person is available for personal delivery;
☐ U.S. First-Class Mail, postage prepaid, to the Premises (and to any forwarding address of which the landlord is aware);
☐ U.S. Certified Mail, Return Receipt Requested, to the Premises;
☐ Other (specify): [________________________________].

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
☐ Delivery to household member age 14+ named [________________________________]
☐ Posting in a conspicuous place at the Premises (front door/main entrance)
☐ Certified Mail, Article No. [________________________________]
☐ First-Class Mail, postage prepaid

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 Special Civil Part filing fee for a tenancy action is approximately $50.00 plus $5.00 per additional defendant (verify current fees at https://www.njcourts.gov/forms/12173_filing_fees.pdf) plus mileage for service.

12.2. Return date. Once filed, the court schedules a Landlord/Tenant trial on a date that must be at least ten (10) days but not more than thirty (30) days from service of the summons. R. 6:3-4(b).

12.3. Three-business-day stay. Even after a judgment for possession is granted, no Warrant of Removal may issue or be executed until three (3) business days have elapsed from entry of judgment. R. 6:6-3. Once executed, the tenant must be given an additional three (3) business days before the lockout. The Special Civil Part Officer (not the landlord) carries out the eviction.

12.4. Hardship stay. Tenants may apply for an Order for Orderly Removal or Hardship Stay of up to six (6) months under R. 6:6-6 to N.J.S.A. § 2A:42-10.6, particularly where displacement would impose undue hardship on the household.

12.5. Pure nonpayment vs. habitual late payment. Pure nonpayment under § 2A:18-61.1(a) requires NO statutory pre-suit notice. Habitual late payment under § 2A:18-61.1(j) requires a Notice to Cease AND a one-month Notice to Quit. Mixing the two in a single complaint without proper notice is a frequent ground for dismissal.

12.6. Subsidized housing. If the tenant receives a federal Section 8 Housing Choice Voucher or Project-Based Section 8 subsidy, federal regulations (24 C.F.R. § 982.310 / 24 C.F.R. § 247) may impose additional pre-eviction notice and grievance procedures. Consult with HUD compliance counsel.

12.7. COVID-era backlog. Confirm the current status of any tenant rental-assistance applications. Some courts continue to require landlord engagement with COVID-19 Emergency Rental Assistance Program (CVERAP) or similar relief before granting judgment.

12.8. Lead-paint disclosure (P.L. 2021, c. 182). If the Premises were constructed before 1978 and the municipality has triggered inspection obligations, landlord noncompliance with lead-safe certification requirements may give rise to penalties and tenant defenses.

13. SOURCES AND REFERENCES

• 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://law.justia.com/codes/new-jersey/title-2a/section-2a-18-61-1/
• N.J.S.A. § 2A:18-61.2 (Notice requirements): https://www.njleg.state.nj.us/
• N.J.S.A. § 2A:42-9 (Demand for rent): https://law.justia.com/codes/new-jersey/title-2a/section-2a-42-9/
• 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/
• 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 Eviction Law Bulletin (N.J.S.A. 2A:18-53 et seq.): 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
• NJ Courts Special Civil Part Filing Fees: https://www.njcourts.gov/forms/12173_filing_fees.pdf
• R. 6:3-4 (Special Civil Part Pleadings — Landlord/Tenant): https://www.njcourts.gov/courts/superior/special-civil
• R. 6:6-3 (Warrant of Removal): https://www.njcourts.gov/courts/superior/special-civil
• 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