Notice to Terminate Tenancy (No-Fault / No-Cause) — New Jersey

NOTICE TO TERMINATE TENANCY — NEW JERSEY

TABLE OF CONTENTS

1. Header and Recipient Block
2. Tenancy Identification and Coverage Analysis
3. Anti-Eviction Act Coverage — Mandatory Disclosure
4. Election of Termination Path
5. Path A — Anti-Eviction Act Exempt (True No-Cause)
6. Path B — No-Fault Good-Cause Ground (Anti-Eviction Act)
7. Termination Date and Demand for Possession
8. Tenant Protections and Cure Rights
9. Tenant Rights Disclosures
10. Reservation of Rights and Non-Waiver
11. Method of Service
12. Signature and Affidavit of Service
13. New Jersey Practice Notes
14. Sources and References

1. HEADER AND RECIPIENT BLOCK

NOTICE TO TERMINATE TENANCY AND DEMAND FOR POSSESSION

(Pursuant to N.J.S.A. § 2A:18-53 / § 2A:18-61.1 / § 2A:18-61.2, as applicable)

2. TENANCY IDENTIFICATION AND COVERAGE ANALYSIS

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 pursuant to:

☐ Written lease dated [__/__/____], expiring [__/__/____] ("Lease")
☐ Month-to-month tenancy (oral or expired written)
☐ Holdover tenancy after expiration of fixed-term lease
☐ Other: [________________________________]

2.3. Monthly rent is $[____], due on the [____] day of each month.

2.4. The Premises are described as:

3. ANTI-EVICTION ACT COVERAGE — MANDATORY DISCLOSURE

3.1. The New Jersey Anti-Eviction Act, N.J.S.A. § 2A:18-61.1 et seq., establishes eighteen (18) or more exclusive grounds upon which a residential tenant may be evicted. No tenant covered by the Act may be evicted absent one of these enumerated grounds, and the mere expiration of a lease term is NOT a ground for eviction. The enumerated grounds include:

(a) Failure to pay rent;
(b) Disorderly conduct destructive of peace and quiet of others;
(c) Willful or grossly negligent destruction or damage to the premises;
(d) Substantial breach of landlord's reasonable rules and regulations;
(e) Substantial breach of express lease covenants (with "void on breach" clause);
(f) Failure to pay rent increase imposed in conformity with law;
(g) Demolition / permanent retirement of premises from residential use;
(h) Substantial alteration of lease terms upon renewal which tenant refuses to accept;
(i) Health, safety, or building-code violations rendering premises uninhabitable (landlord-side);
(j) Habitual late payment of rent following Notice to Cease;
(k) Refusal to accept reasonable lease changes upon renewal;
(L)(1) Personal occupancy by purchaser of building containing three or fewer units;
(L)(3) Conversion of premises to condominium, cooperative, or fee-simple ownership;
(m) Owner of premises of three or fewer units seeks personal occupancy / family member occupancy;
(n) Conviction or guilty plea to drug-related criminal offense at the premises;
(o) Conviction or guilty plea to assault, terroristic threats, or theft against landlord/family/employee;
(p) Liability under N.J.S.A. § 2C:35-7 (drug-free school zone) or related offenses;
(q) Civil action for human trafficking; certain firearms offenses; and additional grounds added by amendment.

3.2. EXEMPTIONS. The Anti-Eviction Act does NOT apply to:

(a) Owner-occupied premises containing not more than three (3) rental units (with owner residing in one);
(b) Hotels, motels, and similar transient occupancies of less than ninety (90) days;
(c) Seasonal-use rentals (e.g., Jersey Shore tenancies of 125 days or less);
(d) Premises occupied incident to employment that has terminated;
(e) Health-care facilities, nursing homes, school-affiliated dormitories, certain federally funded developments expressly preempted, and certain owner-financed sale-leasebacks.

4. ELECTION OF TERMINATION PATH

The landlord serves this Notice under (check ONE):

☐ Path A — Anti-Eviction Act EXEMPT. The Premises fall within a recognized exemption (specify): [________________________________]. Termination proceeds at common law / under N.J.S.A. § 2A:18-53.

☐ Path B — Anti-Eviction Act COVERED, no-fault ground. The Premises are covered, but the landlord asserts a recognized no-fault ground under N.J.S.A. § 2A:18-61.1(h)/(k)/(L)/(g)/(m) (specify subsection): [____].

5. PATH A — ANTI-EVICTION ACT EXEMPT (TRUE NO-CAUSE)

5.1. Basis of Exemption. The Premises are exempt from the Anti-Eviction Act on the following ground:

☐ Owner-occupied building containing not more than three (3) units; owner resides in unit [____];
☐ Seasonal rental — primary use less than 125 days, tenant has principal residence elsewhere;
☐ Hotel/motel, occupancy less than 90 days;
☐ Premises incident to terminated employment;
☐ Other (cite statute/case): [________________________________].

5.2. Termination of Tenancy. Pursuant to N.J.S.A. § 2A:18-56 / common-law principles, the landlord hereby terminates the month-to-month / at-will tenancy of the Premises effective [__/__/____] (the "Termination Date"), being not less than one (1) full calendar month from the next rent-due date following service of this Notice.

5.3. Demand for Possession. You are required to quit, vacate, and surrender peaceful possession of the Premises by the Termination Date.

6. PATH B — NO-FAULT GOOD-CAUSE GROUND (ANTI-EVICTION ACT)

6.1. Statutory Ground Asserted (check one):

☐ (h) Substantial alteration of lease terms tenant declines to accept. Notice period: three (3) months. The proposed altered terms have been disclosed in writing on [__/__/____] (attach as Exhibit A). The tenant has declined or is deemed to have declined.

☐ (k) Refusal of reasonable lease changes on renewal. Notice period: three (3) months. The proposed reasonable lease changes were communicated on [__/__/____] (attach as Exhibit A). The tenant refused to execute the renewal lease.

☐ (L)(1) Personal occupancy by purchaser of building containing three (3) or fewer units. Notice period: two (2) months. The undersigned purchased the Premises by deed dated [__/__/____] (recorded [__/__/____] in Book [____] Page [____]). The purchaser intends to occupy unit [____] as a principal residence. A copy of the purchaser's certification under N.J.S.A. § 2A:18-61.1(L)(1) is attached as Exhibit B.

☐ (L)(3) Conversion to condominium / cooperative / fee-simple. Notice period: three (3) years from service, plus offer of comparable housing or tenant relocation assistance under N.J.S.A. § 2A:18-61.10 et seq. ☐ Senior citizens / disabled / low-income tenants enjoy protected-tenancy status under N.J.S.A. § 2A:18-61.22 et seq. (a separate notice of protected-tenancy rights and an application form are attached as Exhibit C).

☐ (g) Demolition / permanent retirement from rental market. Notice period: eighteen (18) months. Relocation assistance to be provided under applicable municipal ordinance (e.g., N.J.S.A. § 52:31B-1 to -12; N.J.A.C. 5:11-1.1 et seq.). The landlord certifies that the Premises will not be re-rented for residential use.

☐ (m) Owner of one- or two-family seeks personal/family occupancy. Notice period: two (2) months. The undersigned owner intends to occupy the Premises (or have [FAMILY MEMBER NAME, RELATIONSHIP] occupy) as a principal residence.

☐ Other ground: [________________________________] (specify subsection of N.J.S.A. § 2A:18-61.1 and applicable notice period under § 2A:18-61.2).

6.2. Statement of Good Faith. The landlord certifies, under penalty of perjury, that the foregoing ground is asserted in good faith and that, to the landlord's knowledge, no other (concealed) reason such as retaliation, discrimination, or evasion of rent control underlies this Notice. The landlord understands that wrongful eviction under § 2A:18-61.1(L) or (m) — including failure of the certifying party to actually occupy the premises within reasonable time — exposes the landlord to treble damages plus attorney fees under N.J.S.A. § 2A:18-61.6.

7. TERMINATION DATE AND DEMAND FOR POSSESSION

7.1. Termination Date. The tenancy of the Premises is terminated effective [__/__/____] (the "Termination Date"), being not less than the statutory notice period applicable to the ground asserted above.

7.2. Demand for Possession. 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.

7.3. Consequences of Non-Compliance. If you fail to surrender possession, 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, and any further relief the court deems just.

8. TENANT PROTECTIONS AND CURE RIGHTS

8.1. Right to remain through Termination Date. You may remain in possession through the Termination Date and are not required to vacate sooner.

8.2. Right to challenge. You may challenge the asserted ground at trial, including (where applicable) by demonstrating that:

(a) The Premises are not in fact exempt from the Anti-Eviction Act;
(b) The proposed altered terms (under (h)) are not "substantial" or are unconscionable;
(c) The proposed lease changes (under (k)) are not "reasonable";
(d) The owner does not in fact intend to occupy (under (L)(1) or (m));
(e) The conversion (under (L)(3)) has not been validly registered, or you qualify for protected tenancy status;
(f) The notice is in retaliation under N.J.S.A. § 2A:42-10.10;
(g) The notice is discriminatory under N.J.S.A. § 10:5-12.5;
(h) Procedural defects exist (defective service, insufficient notice period, missing collateral disclosures).

8.3. Senior Citizen / Disabled Protected Tenancy Application. If you are a senior citizen (62+) or have a qualifying disability, you may apply for protected-tenancy status under N.J.S.A. § 2A:18-61.22 et seq. Contact the New Jersey Department of Community Affairs, Bureau of Housing Inspection, or your local protected-tenancy agency for the application form.

9. TENANT RIGHTS DISCLOSURES

9.1. 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.

9.2. REPRISAL PROHIBITED (N.J.S.A. § 2A:42-10.10): A landlord may not evict a tenant in retaliation for good-faith complaints to government authorities or for exercising any legal right.

9.3. NJLAD SOURCE-OF-INCOME (N.J.S.A. § 10:5-12.5): A landlord may not refuse to renew, raise rent, or terminate based on lawful source of income (Section 8, SSI, child support, alimony, etc.).

9.4. WRONGFUL EVICTION DAMAGES (N.J.S.A. § 2A:18-61.6): Any landlord who, with intent to defraud, recovers possession under (L)(1), (L)(2), (L)(3), or (m) without the certified intent being carried out, is liable for treble damages plus attorney fees.

9.5. SELF-HELP PROHIBITED (N.J.S.A. § 2A:39-1; § 2A:39-8): Lockouts, utility shut-offs, and removal of belongings without a Warrant of Removal entitle the tenant to treble damages.

9.6. SECURITY DEPOSIT (N.J.S.A. § 46:8-19 et seq.): At lease termination, the landlord must return the deposit (with interest) within thirty (30) days, less itemized lawful deductions. Wrongful withholding entitles the tenant to double damages, plus court costs and attorney fees.

9.7. SENIOR CITIZEN / DISABLED PROTECTED TENANCY (N.J.S.A. § 2A:18-61.22 et seq.): Up to forty (40) years of protection during conversion may apply; income limits and residency requirements apply.

9.8. RIGHT TO COUNSEL (LOCAL):
☐ Newark, NJ: Newark residents at or below 200% of the federal poverty level have a right to free counsel under Newark Office of Tenant Legal Services; 973-733-3675.
☐ Jersey City, NJ: Right-to-Counsel under Jersey City Ord. 23-046; https://www.righttocounseljc.org.
☐ Statewide: LSNJ-LAW 1-888-LSNJ-LAW; https://www.lsnjlaw.org.

10. RESERVATION OF RIGHTS AND NON-WAIVER

10.1. The landlord expressly reserves all rights and remedies under the Lease, statute, and common law.

10.2. Acceptance of any rent payment after the date of this Notice shall not constitute waiver or reinstatement except as required by law.

10.3. The landlord reserves the right to amend or supplement notices and to assert additional grounds for possession as they may arise.

11. METHOD OF SERVICE

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

☐ Personal delivery to the tenant at the Premises;
☐ Delivery to a household member age 14+ at the Premises;
☐ Posting in a conspicuous place at the Premises;
☐ U.S. First-Class Mail, postage prepaid;
☐ U.S. Certified Mail, Return Receipt Requested, Article No. [________________________________];
☐ Other (specify): [________________________________].

12. SIGNATURE AND AFFIDAVIT OF SERVICE

OWNER'S CERTIFICATION (Required for grounds (L)(1) and (m)):

I, [________________________________], certify under penalty of perjury that I am the owner of the Premises (or member of the immediate family of the owner identified above), that I intend in good faith to personally occupy the Premises as my principal residence, and that this Notice is not given in retaliation, discrimination, or for any pretextual purpose. I understand that knowingly false certification subjects me to treble damages and attorney fees under N.J.S.A. § 2A:18-61.6.

AFFIDAVIT OF SERVICE

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

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

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

12.2. 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 11.

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: [__/__/____]

13. NEW JERSEY PRACTICE NOTES

13.1. No-cause prohibition is the rule, not the exception. New Jersey's Anti-Eviction Act is among the strongest tenant-protection statutes in the country. The default is that a residential tenant cannot be evicted without one of the enumerated grounds. Landlords routinely lose summary dispossess actions because they treat lease expiration as termination.

13.2. (L)(1) — purchaser personal occupancy. This ground is narrowly construed. The deed must predate the notice; the building must contain three (3) or fewer units; and the certifying purchaser must actually occupy. Failure to occupy within a reasonable time (case law commonly cites six months) raises an inference of bad faith and subjects the landlord to treble damages under § 2A:18-61.6. Casita Bonita Apartments v. Sosa, ___ N.J. ___ .

13.3. (L)(3) — conversion. A condominium/cooperative/fee-simple conversion requires registration with the NJ Department of Community Affairs Bureau of Homeowner Protection, a three-year notice with comparable-housing offer, and senior/disabled protected-tenancy preservation. See N.J.S.A. § 2A:18-61.7; N.J.A.C. 5:24.

13.4. (g) — demolition. Eighteen (18) months notice plus statutory relocation assistance (typically equal to six (6) months' rent under Local Relocation Ordinance N.J.S.A. § 52:31B-1 et seq. and N.J.A.C. 5:11). The landlord must obtain demolition permits and certify intent.

13.5. (m) — owner personal occupancy of 1- or 2-family. Two-month notice; no formal certification form, but contemporaneous documentation strongly recommended.

13.6. (h) and (k) — substantive lease changes. These grounds reach situations where the lease is silent or expiring and the landlord proposes new terms. The proposed changes must be reasonable; courts have rejected unilateral rent increases used as eviction tools where local rent control applies. See Stamboulos v. McKee, ___ .

13.7. Owner-occupied 2-3 family (Anti-Eviction Act exemption). The owner must actually reside in the building and the building must contain no more than three units total. Sub-tenants, illegal apartments, and accessory dwelling units are typically excluded from the exemption. Document owner residency contemporaneously.

13.8. Subsidized housing. Tenants in HUD-subsidized housing (Section 8 voucher, project-based, public housing, LIHTC) have separate federal pre-eviction and good-cause protections under 24 C.F.R. Parts 247, 982, and 966. The Anti-Eviction Act remains a floor; federal law adds layers.

13.9. Filing and trial. After the notice period expires, the landlord may file a Verified Complaint in the Special Civil Part — Landlord/Tenant Section. Trial is set 10-30 days after service. R. 6:3-4(b).

13.10. Three-business-day stay (R. 6:6-3). Even after judgment, no Warrant of Removal may issue or be executed until three business days have elapsed; the tenant gets three more business days after warrant execution. Hardship stays of up to six months are available under R. 6:6-6 / N.J.S.A. § 2A:42-10.6.

14. 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:18-61.6 (Owner liability — treble damages): https://law.justia.com/codes/new-jersey/title-2a/section-2a-18-61-6/
• N.J.S.A. § 2A:18-61.10 et seq. (Tenant Protection Act of 1992 — conversion): https://law.justia.com/codes/new-jersey/title-2a/
• N.J.S.A. § 2A:18-61.22 et seq. (Senior Citizens and Disabled Protected Tenancy Act): https://law.justia.com/codes/new-jersey/title-2a/section-2a-18-61-22/
• N.J.S.A. § 2A:18-53 (Summary dispossess for non-Anti-Eviction Act): https://law.justia.com/codes/new-jersey/title-2a/section-2a-18-53/
• 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. § 52:31B-1 et seq. (Relocation assistance): https://law.justia.com/codes/new-jersey/title-52/
• NJ DCA Grounds for Eviction Bulletin: https://www.nj.gov/dca/codes/publications/pdf_lti/grnds_for_evicti_bulltin.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