CHAPTER 5: EVICTION ARTICLE 1: EVICTION GENERALLY. LT: Eviction of tenants generally

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1 ARTICLE 1: EVICTION GENERALLY LT: Eviction of tenants generally CHAPTER 5: EVICTION A landlord may not terminate a tenancy or evict a tenant from rental premises without satisfying the requirements of this Chapter. a. Possession of rental premises shall be returned to a landlord by execution of a judgment of possession upon establishment by the landlord of a ground for eviction, in accordance with this Chapter, in a summary or plenary proceeding. b. Forcible or unlawful entry and detainer of rental premises or any method of self-help shall not be used by a landlord to evict a tenant or obtain possession of rental premises subject to a tenancy. c. A provision in a lease waiving this section is against public policy and unenforceable. Source: New. This section is new and added, at the suggestion of a commenter, for clarification. LT: Tenant and landlord; what is included For purposes of this Chapter: a. Tenant includes any tenant at will or for any duration, and the tenant s subtenant, assigns or legal representatives; and b. Landlord includes the landlord s agent, or an owner or owner s agent, as appropriate. For purposes of eviction from residential rental premises, landlord also includes, unless otherwise stated, a landlord s or owner s successor in possession or ownership, such as a foreclosing mortgagee or a purchaser at a sheriff s sale. Source: 2A:18-51; 2A:18-53; 2A: This section is derived from its source provisions. Notably, both source sections 2A:18-53 and 2A: expressly apply to tenants and lessees and their assigns, undertenants or legal representatives. The Anti-Eviction Act was amended in 1986 to, inter alia, expand the act s coverage to include a landlord s or owner s successor in ownership or possession. See The Chase Manhattan Bank v. Josephson, 135 N.J. 209, (1994). LT: Waiver; prohibited A provision in a lease for residential rental premises whereby a tenant covered by section LT:5-2.1 agrees that the tenancy may be terminated or not renewed for other than good cause as provided in section LT:5-2.1, or whereby a tenant waives any rights under this Chapter, is against public policy and unenforceable. 1

2 Source: 2A: This section adopts source section 2A: with some modifications in language. ARTICLE 1A. SUMMARY ACTION FOR EVICTION LT: 5-1A.1. Establishment of summary action a. A tenant may be evicted by a summary action commenced in the Superior Court, Law Division, Special Civil Part. b. No claim other than for eviction may be joined in the summary action. Source: New. Eviction by summary proceeding is a creation of the legislature and in derogation of the common law. See Carteret Properties v. Variety Donuts, Inc., 49 N.J. 116, 123 (1967) (jurisdiction of the court to apply stern remedy of dispossession stems from the statute with which courts demand strict compliance); Carr v. Johnson, 211 N.J.Super. 341, 347 (App. Div. 1986) (summary dispossess statute is entirely a creature of the Legislature... and as such its provisions should be construed strictly. ); Floral Park Tenants Ass n v. Project Holding, Inc., 152 N.J.Super. 582, 591 (Chan. Div. 1977) aff d, 166 N.J.Super. 354 (App. Div. 1979), cert. denied, 81 N.J. 278 (1979) ( [T]he purpose of the Anti-Eviction Act was not to eliminate evictions but to limit them to reasonable grounds. ), A landlord may commence an action for possession of rental premises from a tenant in a plenary proceeding if the landlord seeks possession and money damages or other relief. The landlord or the tenant also may seek to transfer an eviction action to the Law Division in accordance with section LT:5-1A.2. LT:5-9.11A.2. Transfer of proceedings into Law Division; trial by jury a. At any time before trial of an action for eviction, under this Chapter comes to trial in the Special Civil Part, either the plaintiff or the defendant may apply to the Superior Court for transfer of the action from the Special Civil Part to the Law Division,. which tthe Ccourt may then shall order that the action be transferred if it determines, in its discretion, that the matter is of sufficient importance. b. In determining whether a matter is of sufficient importance, the court shall consider the following factors: (1) the complexity of the issues presented and the procedural limitations of a summary action; (2) the importance to the public good of the issues presented; (3) the presence of multiple actions for possession arising out of the same transaction; (4) the amount in controversy, taking into account the alleged extensiveness of the defects and the cost of repairs as well as the amount of rent claimed to be unpaid; (5) the need for equitable relief of a permanent nature; 2

3 (6) the need for clarification or re-examination of the substantive law involved, requiring a right of appeal to the parties on non-jurisdictional grounds; (7) the appropriateness of class relief; (58) the presence of multiple actions for possession arising out of the same transaction or series of transactions; (69) the need for uniformity of result; (710) the necessity of joining additional parties or claims in order to reach a final result; and (811) whether the procedural limitations of a summary action (other than the unavailability of a jury trial) would significantly prejudice substantial interests either of the litigants or of the judicial system that would outweigh the prejudice that would result from any delay caused by the transfer. b. c. A summary action for eviction pursuant to this Chapter, commenced in the Special Civil Part but that is transferred to the Law Division shall be tried before a jury, unless a jury is waived. Source: 2A:18-60; 2A: This section adopts the provisions of source sections 2A:18-60 and 2A:18-61 with some modifications in language. The criteria for determining that a matter should be transferred, as determined by several cases, notably, Morrocco v. Felton, 112 N.J. Super. 226 (Law Div. 1970), Township of Bloomfield v. Rosanna s, 253 N.J. Super. 551 (App. Div. 1992) and its progeny, are now set out in the statute. ARTICLE 12: GROUNDS FOR ACTION FOR EVICTION LT: Eviction; residential rental premises; grounds A tenant may be evicted from residential rental premises, except special residential rental premises as provided in subsection b. of LT: , by execution of a judgment of possession entered in by the Superior Court in a summary action only upon the establishment of any one of the following grounds provided in this section, or provided in section LT:5-2.4, which shall be deemed good cause for the eviction:. a. Failure to pay rent or willful destruction of rental premises or physical injury to landlord. If the tenant: (1) fails to pay rent that is due in accordance with the lease or other agreement governing the tenancy. Any portion of rent unpaid by the tenant but used to continue the service of an electricity, gas, water or sewer public utility to the rental premises, after receipt of notice that the service was in danger of discontinuance because of nonpayment by the landlord, shall not be deemed to be unpaid rent for purposes of this section; or 3

4 (2) fails to pay rent after service of a valid notice to vacate and a notice of increase of rent provided that the rent increase is not unconscionable and complies with all laws and municipal ordinances governing rent increases; or (3) willfully or by reason of gross negligence either causes or allows destruction or damage to the rental premises or the leased real property of which the rental premises are a part or physically injures the landlord or the landlord s employee at the rental premises or at the real property containing the rental premises; or or b. Continuing conduct after service of notice to cease. If the tenant, after service of a valid notice to cease, continues to: (1) habitually and without legal justification pay rent after the date that it is due; (2) be so disorderly as to destroy the peace and quiet of the other tenants or occupants living in the rental premises or surrounding neighborhood; or (3) substantially violate or breach any of the landlord s rules and regulations governing the premises, provided such rules and regulations are reasonable and have been accepted in writing by the tenant or made a part of the lease at the beginning of the initial lease term; (4) substantially violate or breach any of the covenants or agreements contained in the lease where sufficient language reserves a right of re-entry to the landlord for a substantial violation of the covenant or agreement, provided that the covenant or agreement is reasonable and was contained in the lease at the beginning of the initial lease term; or (5) in public housing under the control of a public housing authority or redevelopment agency, substantially violate or breach any covenants or agreements contained in the lease pertaining to illegal uses of controlled substances, or other illegal activities, regardless of whether sufficient language reserves a right of reentry to the landlord for a violation of the covenant or agreement, provided that the covenant or agreement conforms to federal guidelines regarding the lease provisions and was contained in the lease at the beginning of the initial lease term; or c. Criminal offenses. If the tenant is convicted of or pleads guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which if committed by an adult would constitute an offense under, any of the criminal statutes set forth in (1), (2) or (3) below, provided that no action for eviction may be brought more than two years after the adjudication or conviction or more than two years after the person s release from incarceration, whichever is later, for an offense under subsections (1) or (2): (1) the Comprehensive Drug Reform Act of 1987, N.J.S. 2C:35-1 et seq. involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia within the meaning of that act in or on the rental premises, or the building and land appurtenant thereto or the mobile home park in which the rental premises are located, and has not, in 4

5 connection with the sentence for that offense, either successfully completed, or been admitted to and continued upon probation while completing, a drug rehabilitation program pursuant to N.J.S. 2C:35-14; or (2) N.J.S. 2C:12-1 or N.J.S. 2C:12-3 involving assault or terroristic threats against the landlord, a member of the landlord s family or an employee of the landlord; or (3) N.J.S. 2C:20-1 et al., involving the theft of property from the landlord, the rental premises, or other tenants residing in the same building or complex; or d. Knowingly harboring or permitting occupancy. If the tenant knowingly harbors or harbored a person convicted of or who pleads guilty to any offense set forth in subsection c., or otherwise permits or permitted such person to occupy the premises for residential purposes, whether continuously or intermittently, except that this subsection shall not apply to the harboring of or permitting occupancy by a juvenile who has been adjudicated delinquent upon the basis of an act which if committed by an adult would constitute the offense of use or possession under N.J.S. 2C:35-1 et seq. No action for eviction based on an offense under subsections c. (1) or (2) of LT:5-1.2c.(1) or (2)2.1 may be brought more than two years after the adjudication or conviction or more than two years after the person s release from incarceration, whichever is later; or e. Liability in civil action for eviction based on criminal offenses. If the tenant is found, by a preponderance of the evidence, liable in a civil action for eviction under this Chapter based upon an offense set forth in subsection c. or if the tenant knowingly harbors a person who committed such an offense, or otherwise permits the person to occupy the premises for residential purposes, whether continuously or intermittently, except that this subsection shall not apply to the harboring or permitting occupancy by a juvenile who has been adjudicated delinquent upon the basis of an act which if committed by an adult would constitute the offense of use or possession under N.J.S. 2C:35-1 et seq.; or f. Violation of section LT: If, as provided in section LT:5-2.4, the tenant is found to have violated N.J.S. 33:1-1 et seq., pertaining to the regulation of alcoholic beverages on the rental premises; or to use any rental premises for the purposes of prostitution in violation of the criminal statutes; or to engage in any conduct that a court finds creates an imminent serious danger to others, to the property, or to the immediate vicinity of the rental premises; or to knowingly give false material information or omit material facts in an application for tenancy upon which the landlord relies to the landlord s detriment. f. g. Permissible use of premises by landlord. If the owner of the rental premises landlord seeks to: (1) permanently board up or demolish the rental premises because of having been cited by local or State housing inspectors for substantial violations affecting the health and safety of tenants and eliminating the violations is economically unfeasible; or 5

6 (2) comply with the local or State housing inspectors, after having been cited with substantial violations affecting the health and safety of tenants, where doing so without evicting the tenant is economically unfeasible, in which case simultaneously with service of notice of eviction pursuant to this subsection the owner landlord shall notify the Department of Community Affairs of the intention to institute eviction proceedings and provide the Department with such other information as it requires pursuant to rules and regulations, and the Department subsequently shall inform all appropriate parties and the court of its view with respect to the feasibility of compliance without eviction of the tenant and may, in its discretion, appear and present evidence; or (3) correct an illegal occupancy because of having been cited by local or State housing inspectors or zoning officers and doing so without evicting the tenant is unfeasible; or (4) permanently retire the rental premises from the rental market pursuant to the redevelopment or land clearance plan in a blighted area and the owner is a governmental agency; or (5) permanently retire the building or mobile home park from residential use or use as a mobile home park, provided this subsection shall not apply to circumstances covered under subsection f.g. (1), (2), (3) or (4); or (6) at the time of lease termination, alter the terms and conditions of the lease by proposing reasonable changes of substance, including but not limited to a change in the duration of the lease, which the tenant, after written notice, refuses to accept; provided that where a tenant has received a notice to vacate and demand for possession under subsection LT:5-2.3b.(6)3.2 or has a protected tenancy status pursuant to Chapter 7, the owner landlord shall have the burden of proving that any change in the terms and conditions of the lease is reasonable and does not substantially reduce the rights and privileges to which the tenant was entitled; or g. h. Termination by landlord of employment of the tenant. If the landlord or owner conditioned the tenancy upon and in consideration for the tenant s employment by the landlord or owner, and the employment is being terminated; or h. i. Conversion from rental market to condominium or cooperative. If the owner of a building or mobile home park landlord is converting two or more residential units or park sites in the a building or mobile home park from the rental market to a condominium, cooperative or fee simple ownership, other than as provided in subsection i., except that no action shall be commenced pursuant to this subsection against a senior citizen tenant or disabled tenant with protected tenancy status under Chapter 7 of this Title so long as, in accordance with Chapter 7, the protected tenancy status has not been terminated nor the protected tenancy period expired; or i. j. Personal occupancy by owner or buyer landlord who is owner. If the owner of a building or mobile home park landlord: 6

7 (1) of a building or mobile home park which is constructed as or being converted to a condominium, cooperative or fee simple ownership, seeks to evict a tenant whose initial tenancy began after the master deed or agreement establishing the condominium, cooperative or subdivision plat was recorded, because the owner landlord contracted to sell the residential unit to a buyer who wishes to personally occupy the unit, and the contract of sale requires the unit to be vacant at the time of closing of title, provided that no action may be brought against a tenant under this subsection unless the tenant was served with a statement pursuant to section LT:5-89.3; (2) of three or less condominium or cooperative units seeks to evict a tenant whose initial tenancy began by rental from an owner landlord of three or less residential units after the master deed or agreement establishing the condominium or cooperative was recorded because the owner landlord wishes to personally occupy the unit, or contracts to sell the unit to a buyer who wishes to personally occupy the unit, and the contract of sale requires the unit to be vacant at the time of closing of title; or (3) of three residential units or less, seeks to personally occupy a unit, or contracts to sell a residential unit to a buyer who wishes to personally occupy the unit and the contract of sale requires the unit to be vacant at the time of closing of title.; or Source: 2A: This section adopts the provisions of source section 2A: with some modifications in language, but categorizes by subject matter the grounds for eviction for the purposes of clarity and order. Subsection a. is based on 2A: (a.), (f.) and (c.). Subsection b. is based on 2A: (j.), (b.), (d.) and (e.). Subsection c. is based on 2A: (n.), (o.) and (q.). Subsection d. is based on 2A: (n.), (o.), (p.) and (q.). Subsection e. is based on 2A: (p.). Subsection f. is derived from current sections 33:1-54 and 46:8-8, but also adds new grounds. See the comment to LT: Subsection fg. is based on 2A: (g.), (h.) and (i.). Subsection gh. is based on 2A: (m.) Subsection hi. is based on 2A: (k.). Subsection ij. is based on 2A: (l.). Language was added to subsection a. (3) to address the court s call to the Legislature to resolve the seeming inconsistency in requiring a notice to cease be served on the tenant when the ground for eviction is disorderly conduct, i.e., personal injury or assault upon the landlord by the tenant, while none is required when the ground for eviction is destruction of the rental premises. See Georgia King Associates v. Fraiser, 210 N.J.Super. 146, 148 (App.Div. 1986). The court commented that [w]e recognize the seeming inconsistency in the two sections of the statute and agree that personal injury to the landlord or his employee may be far more serious than destruction, damage or injury to the premises. However, the legislation is clear, and the inconsistency is a matter for legislative, rather than judicial action. LT: Eviction from special residential premises; owner-occupied residential; hotel, motel or guest house; occupancy by developmentally disabled person; grounds a. A tenant may be evicted from special residential rental premises, as set forth in subsection b., Upon establishment of the grounds set forth in subsection b., a tenant, by execution of a judgment of possession entered in by the Superior Court in a summary action upon establishment of any one of the grounds provided in this section.in a summary action, may be evicted from: 7

8 (1) owner-occupied residential rental premises with not more than two rental units, or; (2) a hotel, motel or other guest house or part thereof rented to a transient guest or seasonal tenant, or; (3) a dwelling unit that is permanently occupied by a developmentally disabled member of the immediately family of the unit owner or by a developmentally disabled member on whose behalf the dwelling unit is held in a trust that is established by that member s immediate family. b. The grounds for eviction under this section are: (1) any one of the grounds set forth in sections LT:5-1.2a.; LT:5-1.2b.(1), (2), (3) or (5); LT:5-1.2c.; LT:5-1.2d.; LT:5-1.2e.; LT:5-1.2f. (1), (2), (3) or (4); or LT:5-1.2g., except that a violation or breach required by sections LT:5-1.2b.(3) or (5) need not be substantial; the tenant fails to pay rent that is due in accordance with the lease or other agreement governing the tenancy; or (2) the tenant holds over and continueds in possession of any part of the rental premises after expiration of the lease and after service by the landlord of a notice of holdover demand for possession of the premises in accordance with this Chapter; or (3) the tenant is so disorderly as to destroy the peace and quiet of the landlord or the other tenants or occupants living in the rental premises or surrounding neighborhood; or (4) the tenant, willfully or by reason of gross negligence, causes or allows destruction or damage to the rental premises or the real property containing the rental premises; or (5) the tenant continues, after service of a valid notice to cease: (a) to habitually and without legal justification pay rent after the date that it is due; or (b) to constantly violate the landlord s rules and regulations governing the rental premises, provided such rules have been accepted in writing by the tenant or are made a part of the lease; or (c) to violatione or breach of any of the covenants or agreements contained in the lease where sufficient language reserves a right of re-entry to the landlord for the violation of the covenant or agreement, and subsequent holdover and continued possession of any part of the rental premises after service by the landlord of a demand for possession of the premises in accordance with this Chapter; or (6) the landlord uses the rental premises for the purposes set forth in subsections g. (1), (2) or (3) of LT:5-2.1, pertaining to health, safety or code violations; or (7) any one of the grounds set forth in subsections c., d., or e. of LT:5-2.1, pertaining to convictions for certain criminal offenses; or subsection h. of LT:5-2.1, pertaining to termination by the landlord of employment of the tenant; or 8

9 (8) any ground for eviction in accordance with a lawful provision of the lease or other agreement governing the tenancy; or (9) the tenant is found to have committed any of the conduct prohibited by section LT:5-2.4, which pertains to residential, special residential and nonresidential rental premises. b. Special residential rental premises are: (1) owner-occupied residential rental premises with not more than two rental units, or; (2) a hotel, motel or other guest house or part thereof rented to a transient guest or seasonal tenant, or; (3) a dwelling unit that is permanently occupied by a developmentally disabled member of the immediately family of the unit owner or by a developmentally disabled member on whose behalf the dwelling unit is held in a trust that is established by that member s immediate family. c. For purposes of this section: (1) member of the immediate family means a person s spouse, civil union partner, domestic partner, parent, child or sibling, or the spouse, civil union partner, domestic partner, parent, child or sibling of any of them as applicable; (2) developmental disability means any disability which is defined as such pursuant to N.J.S. 30:6D-3; and (3) permanently occupies or occupied means that the occupant maintains no other domicile at which the occupant votes, pays rent or property taxes or at which rent or property taxes are paid on the occupant s behalf. Source: 2A:18-53; new. This proposed section adopts, with some modifications, the provisions of source section 2A:18-53 that pertain to certain residential premises not covered by current 2A: but adds some of the grounds in section 2A: As a result, some of the grounds from the Anti-Eviction Act now apply to eviction from residential rental premises currently exempted from the Anti-Eviction Act, as noted. In addition, the definitions of terms pertaining to the residential rental premises covered by source section 2A:18-53 (as discussed at the last paragraph of source section 2A: ) are also incorporated here. Notably, not all grounds for eviction that apply to residential rental premises generally are applicable to the kinds of residential premises covered by this section. Some of the grounds currently in 2A: are not carried over to this section because those grounds pertain to tenancies that are not perpetual in nature, or in other words, where a holdover is not possible. Since ttenants in owner-occupied rental premises and in hotels or motels rented for transient or seasonal purposes as defined in the statute may not hold over,. As a result, grounds in the Anti-Eviction Act which that exist in order to provide a landlord with justification to terminate what would otherwise be a perpetual (holdover) tenancy are not needed applicable to tenancies covered by this section. Subsection a.(8) is a catch-all provision recognizing that a landlord of special residential premises covered by this section may negotiate further grounds for eviction in the lease or other agreement governing the tenancy. 9

10 LT: Eviction; nonresidential rental premises; grounds A tenant may be evicted from nonresidential rental premises as defined in this Title, by execution of a judgment of possession entered in by the Superior Court in a summary action if established upon establishment that the tenant: a. holds over and continues in possession of any part of the premises after expiration of the lease and after service by the landlord of a notice of holdover demand for possession of the premises in accordance with this Chapter; or b. fails to pay rent that is due in accordance with the lease or other agreement governing the tenancy; or c. habitually pays rent after the date that it is due without legal justification; or d. willfully or with gross negligence destroys or damages, or causes or allows the destruction or damage to the rental premises or the leased real property of which containing the rental premises are a part; or e. violates the landlord s rules and regulations governing the premises that are accepted in writing by the tenant or made a part of the lease by the landlord either before or after the lease is signed or agreed to; or f. breaches or violates any covenant or agreement contained in the lease, where sufficient language reserves a right of re-entry to the landlord for the violation, and holds over and continues in possession of any part of the rental premises after service by the landlord of a notice to vacate and a demand for possession, in accordance with this Chapter,; or g. after service upon the tenant of a valid notice to cease, is so disorderly as to destroy the peace and quiet of the landlord or the other tenants or occupants at the rental premises or in the immediate vicinity of the rental premises; or h. uses the rental premises in violation of state or federal law or municipal ordinance; or i. engages in any other conduct that is a ground for eviction in accordance with a lawful provision of the lease or other agreement governing the tenancy; or j. is found to have committed any of the conduct prohibited by section LT:5-2.4, which pertains to residential, special residential and nonresidential rental premises. Source: 2A: This proposed section adopts, with some modifications, the provisions of source section 2A:18-53 that pertain to the eviction of tenants from all nonresidential rental premises Notably, the term eviction is used in this new section (rather than removal) as it is used throughout this Chapter. However, the concept of a holdover tenant is retained here, as it is throughout this Chapter, since the concept is meaningful for legal precedent in this area. A nnew grounds for eviction hasve been added. Habitual late payment of rent (subsection c.) is now a ground for eviction from nonresidential rental premises. Subsection h. is derived from the criminal conviction grounds for eviction from residential rental premises (see section LT: c.) but broadens 10

11 the language, and focusesing the offense on the use of the premises to violate the laws, rather than on the unlawful conduct of the user. It would be unfair and highly unworkable to provide a ground for eviction establish, as provided in LT:5-1.2c. against residential tenants, grounds for eviction of a nonresidential legal entity tenant for a violation of the same criminal statutes as provided in LT:5-1.2c. against legal entities. A corporate entity, such as a professional services tenant, for example, then could be evicted solely on the basis of the criminal behavior of one its shareholders or employees even if such behavior had nothing to do with the rental premises. Subsection g. adopts current law. provides for the landlord to serve a notice to cease prior to eviction. It was suggested by a commenter that a nonresidential tenant may not be aware that the tenant s conduct is so disorderly as to destroy the peace and quiet of the other tenants or those in the vicinity without such a notice. With such a notice, the tenant will have an opportunity to cure the alleged improper conduct before being evicted. Subsection h. is a catch-all provision recognizing that a landlord of nonresidential premises may negotiate further grounds for eviction in the lease or other agreement governing the tenancy. Finally, the Appellate Division, in Kuzuri Kijiji Inc. v. Bryan, 371 N.J.Super. 263 (App. Div. 2004) clarified that a requirement of the precise words right of re-entry are no longer required in a lease to support a ground for eviction. The court stated: We conclude that words other than right of re-entry satisfy the letter and public policy of the statute as long as the words employed clearly convey that violation of covenants and agreements in the lease allow the landlord to seek a termination of the lease, the removal of the tenant from the leased premises, and a return of possession of the premises to the landlord..... Mindful of the nature of the right of re-entry, the language of the lease used by plaintiff satisfies the statutory requirement that the landlord reserve a right of re-entry. See pp LT: Eviction from residential or nonresidential premises in certain cases A tenant or occupant may be evicted from any residential, special residential or nonresidential rental premises upon establishment that the tenant or occupant: a. violates N.J.S. 33:1-1 et seq., pertaining to the regulation of alcoholic beverages on the rental premises, provided that the landlord serves five days written notification of the violation which also states that the tenancy terminates and demands possession of the premises and that the premises reverts to the landlord at the expiration of the five day period as a result of the violation; or b. uses any rental premises for the purposes of prostitution in violation of the criminal statutes; c. engages in any conduct that a court finds creatinges an imminent serious danger to others, to the property, or to the immediate vicinity of the rental premises; or d. knowingly gives false material information or omits material facts in an application for tenancy upon which the landlord relies to the landlord s detriment. Source: 33:1-54; 46:8-8; new. This Subsections a. and b. adopts the provisions of source sections 33:1-54 and 46:8-8, with modifications in language, and combines them together in this provision as subsections a. and b. The two categories of offenses violation of the alcoholic beverage laws, and use of rental premises for prostitution (and the source adds assignation, which is not included in this revised provision because it is no longer relevant to modern life) are currently grounds for eviction that heretofore have not been compiled together with the statutes pertaining to evictions. 11

12 Subsection c. is new and also suggested by a commenter Judge Mahlon L. Fast, Ret., because of a concern that there is no ground currently exists for eviction of a tenant who engages in certain types of conduct that likely may result in serious injury or damage to persons or property. Examples of such conduct are a tenant who consistently uses an oven or gas range to supply heat when there is a legitimate source of heat for the premises, or improperly uses electrical outlets, or hoards garbage, paper or other valueless materials that are flammable or hazardous. Support for such a ground exists in the federal statutory provisions related to subsidized rental housing. See 42 U.S.C. sec. 1437d(l)(6)(E). Subsection d. is new and also based on a suggestion of Judge Mahlon L. Fast, Ret. This provision is supported by the Appellate Division s decision in Edward Gray Apartments v. Williams, 352 N.J.Super. 457 (2002) (tenant fraudulently obtained a second subsidized rental apartment in violation of lease and HUD requirements), and general principles of equity and fair dealing. LT: Mobile home parks; eviction for signage precluded No mobile home park owner or operator may evict a mobile home resident for posting in or on a mobile home a for sale sign or similar notice of the private sale of the mobile home notwithstanding a lease provision or rule or regulation to the contrary. Nor may a mobile home park owner or operator prohibit or unreasonably restrict such posting by any means, including but not limited to, rules and regulations of the mobile home park, or a written lease or other agreement between the park owner or operator and mobile home resident. Source: 2A: a. This section adopts the provisions of source section 2A: a. with some modifications in language. LT: Eviction by authorized State or local entity Notwithstanding any other provision of this Chapter, an authorized State or local agency may evict a tenant or occupant from any residential rental premises in a proceeding pursuant to eminent domain or code or zoning enforcement laws and which complies with applicable relocation laws pursuant to the Relocation Assistance Law of 1967, N.J.S. 52:31-B-1 et seq., the Relocation Assistance Act, N.J.S. 20:4-1 et seq., or section LT:5-7.6 of this Chapter pertaining to displaced tenants. Source: 2A: This section adopts the provisions of source section 2A: pertaining to eviction by authorized public entities pursuant to eminent domain or code or zoning enforcement laws, with some modifications in language. The remaining current statutory language has been deleted as either unnecessary or otherwise covered in other sections of the proposed Title. Subsection a. is obvious from other sections of the Chapter. Subsection b.(1) and (2) also appear unnecessary or otherwise covered in other sections of the proposed Title. It is unclear why subsection c. is necessary and it has also been deleted. 12

13 ARTICLE 23: NOTICES; DEMANDS FOR POSSESSION; SUFFICIENCY; FORM; SERVICE; WHEN REQUIRED LT: Notices required; purpose Notice to cease a. Any reference in this Chapter to a notice to cease means a written notice that clearly warns the tenant to cease or stop some the conduct or correct a the failure to act, as specified in the notice, and that provides within a reasonable time within which to cure or correct the conduct or failure to act as stated. b. The notice shall be in substantially the following form: NOTICE TO CEASE TO: [insert name and mailing address of tenant] 1. PRESENT LEASE. You now rent apartment or unit number [fill in number], at [fill in address of rental premises] as Tenant. 2. WHAT MUST CEASE. You have acted in violation of the law [specify statutory provision] or your lease [specify lease provision, if applicable] by [refer to nature and date of specific acts.] YOU MUST CEASE OR STOP THIS CONDUCT. [or YOU MUST CORRECT THIS CONDUCT BY [fill in what tenant must do to cure or correct the violating conduct.]] 3. WHAT HAPPENS IF YOU DO NOT CEASE. If you do not take the action required by paragraph 2 above, within a reasonable time period from the date of this Notice, then, I, as Landlord, may commence a civil action to terminate your lease and recover possession of the rental premises in accordance with New Jersey Law, specifically Chapter 5 of Title LT. This means that legal action may be commenced to evict you from the rental premises. This legal action is called an eviction. DATED: BY... Name and Address of Landlord or Landlord s Authorized Representative c. A notice to cease shall be required to warn a tenant of: (1) residential premises pursuant to subsection b. of section LT:5-2.1, or (2) special residential premises pursuant to subsection a.(5) of LT: d. A notice to cease shall be served in accordance with section LT: within a reasonable time under all the circumstances before tenant s compliance with the notice is sought, and in no event later than the time for which the notice to vacate and demand for possession is required to be served, if applicable, or the commencement of the eviction action. Source: New. This section is new and sets forth the meaning of and language required for a notice to cease. The service requirements for this type of notice are also set forth here. Subsection d. is added to address concerns expressed by the court in Brunswick Street Associates v. Gerard, 357 N.J. Super. 598, 602 (Law Div. 2002) that the Legislature did not prescribe any specific period for the interval between service of the notice to cease and the notice to quit. See comment to section LT:5-3.2 for an explanation of all new notice provisions. 13

14 LT: Notice to vacate and demand for possession; when notice to vacate not required a. Any reference in this Chapter to a notice to vacate and demand for possession means a written notice that advises the tenant that the landlord deems the tenancy terminated for the reasons specified, specifies the reasons for the termination and directs demands that the tenant or occupant to leave and deliver possession of the rental premises on or before a specified date to the landlord. When a notice to vacate is not required to be served on the tenant in accordance with subsection f., the demand for possession shall demand that the tenant leave and deliver possession of the rental premises to the landlord but shall not incorporate language that deems the tenancy terminated. b. The notice to vacate and demand for possession shall: (1) specify in detail the cause of the termination of the tenancy; (2) set forth the date that the tenancy is deemed terminated; (3) set forth the date by which the tenant must leave the rental premises and turn over possession of the premises to the landlord; (4) be served in accordance with subsection d. below; (5) comply with any other applicable state or federal law or regulations, including but not limited to public housing laws or municipal ordinances; and (6) comply with the lease or other agreement governing the tenancy. c. The notice shall be in substantially the following form: NOTICE TO VACATE AND DEMAND FOR POSSESSION TO: [insert name and mailing address of tenant] 1. PRESENT LEASE. You now rent apartment or unit number [fill in number], at [fill in address of rental premises] as Tenant. 2. TERMINATION OF LEASE. Your lease is considered to be terminated (ended) by the Landlord as of [fill in date]. 3. DEMAND FOR POSSESSION. You must leave and vacate this rental property on or before the date of termination noted in paragraph 2 above [or fill in other date consistent with statute]. This means you must move out and deliver possession of the rental premises to me, the Landlord by this date. 4. GROUNDS FOR TERMINATION. You have violated your lease for which I, the Landlord am entitled to terminate your lease and recover possession of the rental premises in accordance with New Jersey Law, specifically Chapter 5 of Title LT. Specifically, on and after [fill in date], you [fill in ground for eviction referring to specific acts as well as the statutory provision and lease provision (if applicable).] You have also failed to [fill in any additional violations, referring to specific acts as well as the statutory provision and lease provision (if applicable).] 5. TENANT S RESPONSIBILITIES AND LANDLORD S RIGHTS. You must make arrangements to move and return your keys to the Landlord. If you fail to do so, legal action will be commenced to evict you from the rental premises and I, the Landlord shall seek, in a separate action, to hold you liable for all court costs and attorneys fees incurred as permitted by law or your lease. This legal action is called an eviction. 14

15 You must leave the rental premises in broom clean condition and remove all of your personal belongings from the rental premises, in accordance with New Jersey Law. 6. ANY ADDITIONAL LEASE REQUIREMENTS FOR NOTICE TO TENANT: [Set forth any additional notice requirements contained in the lease or other agreement governing the tenancy. [7. ONLY IF APPLICABLE: Set forth any additional requirements imposed by federal or state laws or regulations, such as if the tenancy is public assisted housing.] DATED: BY... Name and Address of Landlord or Landlord s Representative d. No notice to vacate and demand for possession shall be required to be served in order to commence an action alleging any of the following grounds for eviction: (1) nonpayment of rent as set forth in subsection a. (1) or (2) of LT:5-2.1 or subsection a.(1) of LT:5-2.2 or subsection b. of LT:5-2.3; or (2) convictions for theft of property as set forth in subsection c.(3) of LT:5-2.1, or harboring a person convicted of theft of property, as set forth in subsection d. of LT:5-2.1 as subsection d. pertains to theft of property only. e. Unless the ground for eviction is illegal occupancy, in which case subsection g. applies, or the demand for possession is required without a notice to vacate, as under subsection f., A a notice to vacate and demand for possession shall be served, in accordance with sections LT:5-2.3a and LT:5-2.2: A notice to vacate shall not be required if a nonresidential tenancy expires by its own terms, or if the landlord does not consent to the continued occupancy by a tenant of nonresidential rental premises. (1) at least one month prior to commencement of an action that alleges any ground for eviction from residential, special residential or nonresidential rental premises, except for actions alleging grounds set forth in (2) through (8) below, for which other time periods apply; (2) at least three days prior to commencement of an action that alleges (a) eviction from residential rental premises for willful or grossly negligent destruction or damage to the premises under subsection a.(3) of LT:5-2.1; or destroying the peace and quiet of other tenants under subsection b.(2) of LT:5-2.1; or termination of employment conditioned upon the tenancy under subsection h. of LT:5-2.1; or conviction of a criminal offense under subsections c.(1) or (2) of LT:5-2.1; or knowingly harboring or permitting occupancy under subsection d. as it pertains to subsections c.(1) or (2) of LT:5-2.1; or liability in a civil action for eviction under subsection e. of LT:5-2.1; (b) any ground for eviction from special residential rental premises under section LT:5-2.2; or (c) any ground for eviction from nonresidential rental premises under section LT:5-2.3; (d) any ground for eviction from residential, special residential or nonresidential rental premises under section LT:

16 (3) at least two months prior to commencement of an action that alleges personal occupancy of the rental premises under subsection j. of LT:5-2.1, provided that where there is a written lease in effect, the eviction action shall not be commenced until expiration of the lease; (4) at least three months prior to commencement of an action that alleges housing or health code violations under subsection g. (1) (2) or (4) of LT:5-2.1; (5) at least eighteen months prior to commencement of an action that alleges permanent retirement under subsection g.(5) of LT:5-2.1, provided that where there is a written lease in effect, the eviction action shall not be commenced until expiration of the lease; (6) at least three years prior to commencement of an action that alleges conversion of the rental premises under subsection i. of LT:5-2.1, provided that where there is a written lease in effect, the eviction action shall not be commenced until expiration of the lease; (7) the period required in accordance with federal regulations pertaining to public housing leases, in an eviction action alleging substantial breach of contract under subsection b.(5) of LT:5-2.1; (8) if the lease is for a period other than at will, from year to year, or from month to month, at least the amount of time equal to one term of the lease prior to commencement of an action that alleges holding over and continuing in possession of special residential rental premises or nonresidential rental premises, under subsection a.(2) of LT:5-2.2 or subsection a. of LT: If the lease is for a period at will, from year to year, or from month to month, then at least one month prior to commencement of an action that alleges holding over and continuing in possession of special residential rental premises or nonresidential rental premises, under subsection a.(2) of LT:5-2.2 or subsection a. of LT: f. Where the tenant holds over and continues in possession after the expiration of a nonrenewable lease of fixed duration, a demand for possession that sets forth the date by which the tenant must leave the rental premises and turn over possession of the premises to the landlord, but does not deem the tenancy terminated, shall be served, in accordance with section LT:5-3.4, at any time prior to commencement of an action for eviction on the ground set forth in subsection a. of LT: The demand for possession shall be in substantially the form provided in subsection c. of this section with the omission of paragraphs 2, 4, 6 and 7. g. In the case of an eviction action alleging an illegal occupancy under subsection g.(3) of LT:5-2.1, the landlord of residential rental premises or special residential premises shall serve the tenant with a notice to vacate and demand for possession within three days of discovering that the tenancy is illegal. In addition to substantial compliance with the requirements of subsections b. and c. of this section, the notice shall state the nature of the illegality or unlawful condition and provide the tenant additional notice of the requirements set forth in Article 7 of this Chapter pertaining to the relocation of displaced tenants. The notice shall be served in accordance with section LT:

17 Source: 2A:18-56; 2A: ; 2A: ; new. This section, and sections LT:5-3.1 and LT:5-3.3, are derived from source provisions. Current statutes do not describe the notices required to evict or provide forms of these notices. To address these concerns, proposed sections LT:5-3.1, LT:5-3.2 and LT;5-3.3 set forth the meaning of each required notice, describe and provide a model form of each notice, and then set forth the service requirements for each notice. Section LT:5-3.2, which addresses notices to vacate and demand for possession, merges two current provisions: section 2A:18-56, pertaining to notices to quit (now notices to vacate) for nonresidential and special residential rental premises, and section 2A: , pertaining to demands for possession for residential rental premises. Current language is modified significantly. Consistent with the updating of other statutory language, the term notice to quit has been changed to notice to vacate. The proposed statute combines the demand for possession and notice to vacate in one document, which reflects current eviction practice. However, a notice to vacate is not required in the case of a tenant at sufferance (the archaic term is no longer used in the proposed revision), i.e., a holdover tenant who commences the tenancy in accordance with a nonrenewable, fixed term lease but thereafter continues in possession without the permission of the landlord. See subsection f. Hence, a demand for possession served on such a tenant does not include a notice to vacate. See Mintz v. Metropolitan Life Insurance Company, 153 N.J.Super. 329 (Law Div. 1977) (tenants under renewable leases might be said to have expectancy of continued occupancy and thus are entitled to sufficient notice before being removed; but where a tenant enters into a fixed-term, nonrenewable lease, he has implicitly bargained for a limited possession and has no expectancy beyond that limited possession. There is no reason for the law to protect him from what is merely the natural termination of his contract.) Significantly, a notice to quit (now called notice to vacate) is no longer required in order to increase rent for a residential holdover tenant at the end of the lease term. Under this revised provision, if the landlord seeks a rent increase from the tenant, the landlord need not first terminate the tenancy by serving a notice to vacate. Instead, the landlord serves a notice of rent increase which makes clear to the tenant that the tenancy continues subject to payment of a lawful rent increase. For those tenancies that are at will, or from year to year, the three months notice provision for a notice to quit (now called notice to vacate) from nonresidential and special residential premises, for evictions based on holding over and continued possession under source section 2A:18-53, has been changed to one month. Changes have also been made to the source statutes, at the suggestion of Mahlon L. Fast, J.S.C. Ret. to accommodate the concern that a three- month notice requirement for eviction based on an illegal occupancy has the effect of prolonging an illegal occupancy rather than promoting an expeditious remedy. See also Miah v. Ahmed, 179 N.J. 511 (2004) (six month relocation assistance is a fixed lump sum equal to six months rent to be paid by the landlord and that past due rent may not be set off against the relocation assistance.) The Commission has been advised that since the Miah decision, landlords have been filing complaints for eviction based on non-payment of rent (which has no notice requirement, nor waiting period) even when the landlord has been cited by a municipality for maintaining an illegal apartment, apparently to avoid the requirement for relocation assistance and the three months notice before eviction. The proposed changes in subsection g. should address these practical concerns. Parties to a lease for nonresidential rental premises or special residential rental premises, under current section 2A:18-53, unlike residential rental premises (see section LT:5-1.3), may, subject to public policy limitations, contract by their lease for periods of notice of termination of tenancy that differ from those specified in the dispossess statute. See Housing Authority of the City of Bayonne v. Isler, 127 N.J. Super. 568, (App. Div. 1974); Pennsylvania Railroad Co. v. L. Albert & Son, Inc., 26 N.J. Super. 508 (App. Div. 1953, cert. denied, 13 N.J. 361 (1953). This should not change as a result of the proposed revisions. 17