N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-53
Removal of tenant in certain cases; jurisdiction
Operative Text
2A:18-53. Except for residential lessees and tenants included in section 2 of this act, any lessee or tenant at will or at sufferance, or for a part of a year, or for one or more years, of any houses, buildings, lands or tenements, and the assigns, undertenants or legal representatives of such tenant or lessee, may be removed from such premises by the Superior Court, Law Division, Special Civil Part in an action in the following cases: a. Where such person holds over and continues in possession of all or any part of the demised premises after the expiration of his term, and after demand made and written notice given by the landlord or his agent, for delivery of possession thereof. The notice shall be served either personally upon the tenant or such person in possession by giving him a copy thereof or by leaving a copy of the same at his usual place of abode with a member of his family above the age of 14 years. b. Where such person shall hold over after a default in the payment of rent, pursuant to the agreement under which the premises are held. c. Where such person (1) shall be so disorderly as to destroy the peace and quiet of the landlord or the other tenants or occupants living in said house or the neighborhood, or (2) shall willfully destroy, damage or injure the premises, or (3) shall constantly violate the landlord's rules and regulations governing said premises, provided, such rules have been accepted in writing by the tenant or are made a part of the lease; or (4) shall commit any breach or violation of any of the covenants or agreements in the nature thereof contained in the lease for the premises where a right of re-entry is reserved in the lease for a violation of such covenants or agreements, and shall hold over and continue in possession of the demised premises or any part thereof, after the landlord or his agent for that purpose has caused a written notice of the termination of said tenancy to be served upon said tenant, and a demand that said tenant remove from said premises within three days from the service of such notice. The notice shall specify the cause of the termination of the tenancy, and shall be served either personally upon the tenant or such person in possession by giving him a copy thereof, or by leaving a copy thereof at his usual place of abode with some member of his family above the age of 14 years. L.1951 (1st SS), c.344; amended 1966,c.319; 1974,c.49,s.1; 1991,c.91,s.64.
Under N.J.S.A. 2A:18-51 et seq. § 2A:18-53, New Jersey law establishes the circumstances under which certain non-residential lessees and tenants — as well as their assigns and legal representatives — may be removed from a property through the Superior Court, Law Division, Special Civil Part. The grounds for removal include holding over after a lease term expires (following proper written notice), failing to pay rent as agreed, engaging in disorderly conduct, willfully damaging the premises, repeatedly violating written rules and regulations, or breaching specific lease covenants that carry a right of re-entry. The statute also sets out how notices must be served — either personally or by leaving a copy with a household member over age 14 — and, in conduct-related cases, requires that the tenant be given at least three days' notice specifying the reason for termination.
Plain English — not legal advice.
Property owners and managers operating under N.J.S.A. 2A:18-51 et seq. § 2A:18-53 generally ensure that any written notice of termination is properly served — either directly to the tenant or by leaving it with a household member over age 14 — and that the notice clearly states the grounds for removal. Compliant operators typically document lease violations, rent defaults, or disorderly conduct carefully before initiating court proceedings, since the statute requires the matter to be adjudicated in the Superior Court, Law Division, Special Civil Part. Landlords whose leases include rules and regulations or re-entry covenants generally confirm those provisions were accepted in writing by the tenant, as this is a prerequisite for relying on those grounds under the statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 2A:18-51 et seq. § 2A:18-53 outlines the specific legal grounds on which a landlord may seek a court order for removal, meaning a tenant cannot be removed without a court proceeding in the Superior Court, Law Division, Special Civil Part. Tenants who receive a written notice of termination may want to review whether the notice was properly served, whether the stated grounds match those recognized by the statute, and whether any applicable procedural requirements — such as the three-day notice for conduct-related violations — were followed. Tenants facing eviction proceedings may consider reaching out to a local tenant-rights organization or legal aid office to understand how the requirements of this provision might apply to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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