N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-56
Proof of notice to quit prerequisite to judgment
Operative Text
No judgment for possession in cases specified in paragraph "a." of section 2A:18-53 of this Title shall be ordered unless: a. The tenancy, if a tenancy at will or from year to year, has been terminated by the giving of 3 months' notice to quit, which notice shall be deemed to be sufficient; or b. The tenancy, if a tenancy from month to month, has been terminated by the giving of 1 month's notice to quit, which notice shall be deemed to be sufficient; or c. The tenancy, if for a term other than at will, from year to year, or from month to month, has been terminated by the giving of one term's notice to quit, which notice shall be deemed to be sufficient; and d. It shall be shown to the satisfaction of the court by due proof that the notice herein required has been given. L.1951 (1st SS), c.344; amended by L.1975, c. 136, s. 1, eff. July 7, 1975.
Under N.J.S.A. 2A:18-56, a court cannot enter a judgment for possession in the cases covered by N.J.S.A. 2A:18-53(a) unless the landlord first gave the tenant proper advance notice to quit — three months for tenancies at will or year-to-year, one month for month-to-month tenancies, and one full term's notice for any other tenancy type. The notice requirement is a procedural prerequisite, meaning the eviction process cannot legally proceed without it. The court must be satisfied by actual proof that the required notice was properly given before any judgment can be ordered.
Plain English — not legal advice.
Property owners and managers seeking possession under the circumstances described in N.J.S.A. 2A:18-53(a) are generally expected to serve the correct notice to quit well in advance of filing any court action, with the required period depending on the type of tenancy involved. Compliant operators typically document the delivery of notice carefully — including the date, method of service, and recipient — so that due proof can be presented to the court as required by N.J.S.A. 2A:18-56. Maintaining clear records of the tenancy type and the notice given helps demonstrate that the statutory prerequisites have been met.
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:18-56 establishes that a tenant facing a possession action under N.J.S.A. 2A:18-53(a) has the right to have the court verify that proper advance notice to quit was actually given before any judgment can be entered. If a landlord failed to provide the required notice — or cannot prove to the court's satisfaction that it was given — this provision may serve as a basis to challenge the eviction proceeding. Tenants who believe the required notice was not properly served may wish to raise this issue in court or consult a tenant-rights organization familiar with New Jersey landlord-tenant law.
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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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