Notice to Quit and Demand for Rent

NOTICE TO QUIT AND DEMAND FOR RENT

State of New Jersey — Nonpayment of Rent

IMPORTANT PRACTITIONER NOTES

New Jersey has one of the most protective landlord-tenant frameworks in the nation. The Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.) strictly limits the grounds for eviction of residential tenants. Key requirements for nonpayment cases:

• No pre-suit notice required for nonpayment: A landlord may file a Summary Dispossess action immediately once rent is more than one month overdue (N.J.S.A. 2A:18-61.2(a)). However, providing a written demand is best practice and may be required by the lease.
• Habitual late payment: If the landlord has accepted late payments in the past, a 30-day Notice to Pay or Quit is advisable to establish that the landlord will no longer accept late payments.
• Right to pay and remain: Under N.J.S.A. 2A:42-9, a tenant may pay all rent due plus costs at any time before the court enters a judgment for possession and avoid eviction.
• Forum: Superior Court of New Jersey, Special Civil Part, Law Division.
• Tenant's right to statement: Landlord must have provided the tenant a statement of rights per N.J.S.A. 2A:18-61.9 before commencing an eviction action.
• Rent control: Many New Jersey municipalities have rent control ordinances with additional requirements.

I. NOTICE INFORMATION

Date of Notice: [__/__/____]

Landlord/Owner Name: [________________________________]

Landlord/Owner Address:
[________________________________]
[________________________________]
[City], New Jersey [____]

Telephone: [________________________________]

Email: [________________________________]

II. TENANT AND PROPERTY INFORMATION

Tenant Name(s):

[________________________________]

[________________________________]

AND ALL OTHER OCCUPANTS AND PERSONS IN POSSESSION

Rental Property Address:

[________________________________]
[________________________________]
[City], New Jersey [____]

Unit/Apartment Number (if applicable): [________________________________]

III. NOTICE TO QUIT AND DEMAND FOR POSSESSION

TO THE ABOVE-NAMED TENANT(S) AND ALL OTHER PERSONS IN POSSESSION:

PLEASE TAKE NOTICE that you are in default of your lease/rental agreement for the premises described above due to nonpayment of rent for a period exceeding one (1) month.

The specific ground for this Notice is: Failure to pay rent due and owing under the lease agreement, in violation of N.J.S.A. 2A:18-61.1(a).

IV. ITEMIZATION OF RENT DUE

The following amounts are currently due and unpaid:

V. DEMAND

Pursuant to N.J.S.A. 2A:18-61.1(a) and N.J.S.A. 2A:18-53, demand is hereby made that you:

1. PAY IN FULL the total amount of rent due immediately; OR

2. QUIT AND SURRENDER possession of the above-described premises.

If payment in full is not received, the Landlord intends to file a SUMMARY DISPOSSESS (EVICTION) action in the Superior Court of New Jersey, Special Civil Part, Law Division, [________________________________] County.

VI. YOUR RIGHT TO PAY RENT AND REMAIN — N.J.S.A. 2A:42-9

IMPORTANT — READ CAREFULLY:

Under New Jersey law (N.J.S.A. 2A:42-9), you have the right to pay all rent owed and court costs AT ANY TIME BEFORE A JUDGMENT FOR POSSESSION IS ENTERED BY THE COURT and stop the eviction. This means:

• Even after the court case is filed, you may pay and remain in your home;
• You must pay all rent due plus any court costs that have accrued;
• Once you tender full payment before judgment, the eviction action must be dismissed;
• This right applies to nonpayment cases and is one of the strongest tenant protections in the nation.

VII. CONSEQUENCES OF FAILURE TO PAY OR VACATE

If you fail to pay the full amount owed or fail to vacate:

1. The Landlord will file a Verified Complaint for Summary Dispossess in the Superior Court of New Jersey, Special Civil Part;
2. You will be served with a Summons and Complaint;
3. A court hearing will be scheduled, typically within 10-30 days;
4. You have the right to appear, present defenses, and be represented by counsel;
5. If the court enters a Judgment for Possession, you will have a period of time (typically 3 business days for nonpayment) to vacate;
6. If you do not vacate, a Warrant of Removal may be issued;
7. The Landlord may also seek a money judgment for all unpaid rent, court costs, and attorney fees (if permitted by the lease and applicable law).

VIII. PAYMENT INSTRUCTIONS

All payments must be made to:

Payable to: [________________________________]

Payment address:
[________________________________]
[________________________________]
[City], New Jersey [____]

Accepted payment methods:
☐ Personal check
☐ Cashier's check or money order
☐ Cash (in person only — receipt required)
☐ Electronic payment via: [________________________________]
☐ Other: [________________________________]

Payment hours: [________________________________]

IX. IMPORTANT TENANT RIGHTS AND LEGAL NOTICES

A. New Jersey Anti-Eviction Act

Your tenancy is protected by the Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.), which limits the grounds on which a residential tenant may be evicted. Nonpayment of rent is one of the enumerated grounds.

B. Right to Pay and Remain

As stated in Section VI, you may avoid eviction by paying all rent and costs before judgment. This is one of the most important tenant protections in New Jersey law.

C. Warranty of Habitability

New Jersey requires landlords to maintain rental premises in habitable condition. See N.J.S.A. 46:8-19 et seq. and case law establishing the implied warranty of habitability (Marini v. Ireland, 56 N.J. 130 (1970)). You may have defenses if there are serious habitability violations.

D. Retaliation Prohibited

N.J.S.A. 2A:42-10.10 et seq. prohibits landlords from retaliating against tenants who exercise legal rights, including reporting code violations.

E. Truth in Renting Act

The Truth in Renting Act (N.J.S.A. 46:8-43 et seq.) requires landlords to provide tenants with a Truth in Renting statement prepared by the Department of Community Affairs.

F. Security Deposit

Your security deposit is governed by N.J.S.A. 46:8-19 et seq. The landlord must hold the deposit in an interest-bearing account and return it (with interest) or provide an itemized list of deductions within 30 days after termination of tenancy.

G. Rent Control

Many New Jersey municipalities (including Jersey City, Newark, East Orange, and others) have rent control ordinances that may limit rent increases and provide additional protections.

H. Servicemembers Civil Relief Act (SCRA)

Active-duty servicemembers may have additional rights under the federal SCRA (50 U.S.C. § 3901 et seq.), including a stay of eviction proceedings.

I. Legal Assistance Resources

• Legal Services of New Jersey: 1-888-576-5529 or www.lsnj.org
• NJ State Bar Lawyer Referral: 1-800-792-8315
• Volunteer Lawyers for Justice: (973) 645-1955
• Northeast New Jersey Legal Services: (201) 792-6363
• NJ Department of Community Affairs: (609) 292-4080
• 2-1-1 Helpline — Dial 2-1-1 for emergency rental assistance

X. RESERVATION OF RIGHTS

This Notice is made without waiving any rights or remedies of the Landlord under the rental agreement, the Anti-Eviction Act, or any other applicable law. The Landlord expressly reserves the right to pursue all available legal remedies.

XI. CERTIFICATION OF SERVICE

I, the undersigned, certify that on [__/__/____], I served this Notice to Quit and Demand for Rent on the above-named tenant(s) by the following method(s):

☐ Personal delivery — Hand-delivered directly to the tenant
☐ Certified mail, return receipt requested — Mailed to tenant's last known address
☐ Regular first-class mail — Mailed to tenant's last known address
☐ Posting — Affixed to the premises (use only when personal delivery and mail have been attempted)

Person who served the Notice:

Name: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Relationship to Landlord: [________________________________]

Signature: ____________________________________
Date: [__/__/____]

XII. LANDLORD / AUTHORIZED AGENT SIGNATURE

Landlord/Agent Name (Print): [________________________________]

Signature: ____________________________________

Date: [__/__/____]

Title/Capacity: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

SOURCES AND REFERENCES

1. 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/
2. N.J.S.A. 2A:42-9 — Right to Pay and Remain: https://law.justia.com/codes/new-jersey/title-2a/section-2a-42-9/
3. N.J.S.A. 46:8-43 et seq. — Truth in Renting Act
4. NJ Department of Community Affairs — Grounds for Eviction: https://www.nj.gov/dca/codes/publications/pdf_lti/grnds_for_evicti_bulltin.pdf
5. Legal Services of New Jersey: www.lsnj.org
6. NJ Courts — Landlord-Tenant Information: https://www.njcourts.gov

This Notice is intended to comply with New Jersey's Anti-Eviction Act and related statutes. New Jersey has extensive tenant protections and unique procedural requirements, including the right to pay all rent and costs before judgment and avoid eviction. This template does not constitute legal advice. Consult a licensed New Jersey attorney for guidance specific to your situation.