Landlord Tenant Practice

Scope

This file explains New Jersey landlord-tenant practice for new attorneys: the summary dispossession ("eviction") action in the Special Civil Part of the Superior Court — from governing statute and notice requirements through the verified complaint and tenancy summons, trial, judgment for possession, and enforcement of a warrant of removal — together with common tenant defenses, the security deposit rules, and where a new attorney finds official forms and guidance. It is New Jersey-specific, as is all of module 04; it does not cover the landlord-tenant law of any other state, the Small Claims Section except as it relates to security-deposit recovery, or the substantive law of habitability beyond the defense as the Judiciary describes it.

Legal Explanation

Everything in this topic is New Jersey-specific (module 04 covers NJ practice only). No point states national or NCBE law. The governing procedural text is Part VI of the Rules Governing the Courts of the State of New Jersey, published on njcourts.gov and verified on 2026-08-20 through the Judiciary's own Rules of Court search interface [S1].

The Special Civil Part (NJ-specific). R. 6:1-1 provides that the Part VI rules govern "the practice and procedure in the Special Civil Part," which the rule continues in the Law Division of the Superior Court, and that actions in the part must be captioned with the name of the part and the nature of the action — e.g., "Special Civil Part, (Civil, Landlord/Tenant, Small Claims, Statutory Penalties or Concurrent Municipal)" — and must state the amount in controversy on the face of the pleading and summons [S1, R. 6:1-1]. Special civil cases are lawsuits for amounts up to $20,000, filed in the Superior Court in the special civil part of the civil division [S3]. Fees for actions filed in the Special Civil Part are set in accordance with N.J.S.A. 22A:2-37.1 and R. 1:43, provided the pleading and summons allege an amount in controversy not exceeding $20,000 [S1, R. 6:1-1]. The Judiciary's self-help pages publish the current landlord-tenant filing fee schedule: $50 for one defendant, $5 for each additional defendant, plus a $7 service fee for delivery of the court papers by a special civil part officer [S2].

The summary dispossession action (NJ-specific). Landlord-tenant cases for the recovery of premises are summary actions filed in the special civil part of the Superior Court in the county where the rental property is located [S2]. R. 6:3-4 provides that summary actions between landlord and tenant for the recovery of premises "shall not be joined with any other cause of action, nor shall a defendant in such proceedings file a counterclaim or third-party complaint" [S1, R. 6:3-4]. Complaints in summary actions for possession of residential premises must be in the form set forth in Appendix XI-X to the rules — the Verified Complaint form in the forms catalog [S1, R. 6:3-4; S2]. The landlord must complete the entire mandatory complaint form, name each tenant defendant correctly, identify the landlord's entity type, and file with the complaint: a copy of the lease (or, if it exceeds 10 pages, the relevant portions), the Registration Statement unless exempt pursuant to N.J.S.A. 46:8-27, the Landlord Case Information Statement (LCIS), and — for cases alleging grounds other than non-payment of rent — copies of all notices sent to the tenant that will be used at trial [S2]. Case Information Statement contents are not admissible as evidence, and personal identifiers must be redacted on the copies filed with the court [S2]. Attorneys must use the eCourts system to file landlord-tenant cases; self-represented parties may file through the Judiciary Electronic Document Submission (JEDS) system or by mail or in person with the fee [S2].

Summons and appearance (NJ-specific). In tenancy actions the summons must conform to the form in Appendix XI-B and, "in lieu of directing the defendant to file an answer," must require the defendant to appear and state a defense at a certain time and place — "which time shall be not less than 21 days in summary dispossess actions" from service — and must notify the defendant that failure to appear may result in judgment by default [S1, R. 6:2-1]. The self-help page states the same in practice terms: the court inserts the trial date on the summons, at least 21 days from the date of service of the summons [S2]. The tenant must go to court to defend; written responses are not acceptable, and the tenant must complete a Tenant Case Information Statement (TCIS) and file it as soon as possible after receipt of the complaint, with the TCIS accepted for filing through the date of trial [S2]. The Judiciary's Information for Residential Tenants brochure adds that a mandatory case management conference will be scheduled (most conferences are conducted virtually), that the TCIS must be filed at least 5 days before the conference, and that any settlement must still be reviewed and approved by the judge in court [S4].

Trial, judgment, and post-judgment payment (NJ-specific). R. 6:5-2 requires that summary actions between landlord and tenant "be placed on a separate list on the calendar and shall be heard on the return day" [S1, R. 6:5-2]. If the landlord does not appear, the case is dismissed; if the tenant does not appear, the case is marked "Default" and the landlord may apply for a judgment [S2; S4]. If both appear, the parties are first offered settlement help from trained, neutral court staff, and if no agreement is reached the judge hears the case and grants or denies a judgment for possession — "the first step toward eviction" [S2; S4]. In non-payment-only cases the case may be dismissed if the tenant pays to the court by 4:30 p.m. on the scheduled trial date the entire amount of rent due and owing, including the landlord's court costs and any other costs lawfully permitted by the lease [S2]. A tenant cannot be evicted if the full amount of rent is paid, and the landlord cannot refuse timely full payment tendered by the tenant, a charitable organization, or a rental assistance program [S2]. Even after a judgment for possession, a residential tenant has three business days to pay the rent and approved costs to avoid eviction; the judgment does not itself entitle the landlord to the outstanding rent, which the landlord must pursue in a separate special civil or small claims action [S2]. Where a default has been entered and the claim is for a sum certain, the clerk enters judgment on the plaintiff's affidavit of proof [S1, R. 6:6-3].

Warrant of removal and enforcement (NJ-specific). After the three business days following the judgment for possession, the landlord may request a warrant of removal from the court [S2]. Requests for the issuance of writs of execution and other process for the enforcement of judgments — including warrants of removal — are made in writing to the clerk [S1, R. 6:7-1]. Only a Special Civil Part officer can enforce an eviction; any other attempt is illegal [S2]. If the tenant does not leave, the officer — not the landlord — serves the tenant with the warrant of removal; residential tenants then have three business days to leave, after which the landlord may ask the officer to carry out the eviction, while business tenants must leave immediately when served [S2; S4]. In residential non-payment cases, the landlord must accept full payment (rent plus permissible costs and charges under a valid lease) up to three business days after an eviction, by cashier's check, money order, or cash — no personal checks — and must advise the court within two days that the rent was paid or be subject to a $500 fine [S2].

Post-judgment relief (NJ-specific). R. 6:6-6 applies R. 4:52-1 and R. 4:52-2 to post-judgment applications for relief in tenancy actions, and provides that an application for orderly removal — requesting more time to move out — need not have a return date when the sole relief is a stay of execution of a warrant of removal for seven calendar days or less [S1, R. 6:6-6]. The self-help pages describe the same remedies in practical terms: an Order for Orderly Removal can give the tenant up to seven calendar days to move; a hardship stay can stop the eviction for up to six months, but the tenant cannot apply unless all rent and costs owed are paid first, and must keep paying rent under the lease during the stay; and a tenant may apply by order to show cause to vacate the judgment for possession — a request not granted often, requiring unique legal circumstances [S2; S4]. The tenant must notify the landlord if pursuing any of these post-judgment actions [S2; S4].

Governing statutes and grounds (NJ-specific). The Judiciary's self-help page identifies the two New Jersey statutes that apply to eviction cases: N.J.S.A. 2A:18-53, for commercial tenants and for residential properties with no more than two rental units (including a three-family home where the landlord occupies one unit); and N.J.S.A. 2A:18-61.1 et seq., for all other residential tenants, except hotels, motels, and seasonal renters [S2]. Grounds the landlord may assert include failure to pay rent, frequent late payment, repeated disorderly conduct, willful or grossly negligent destruction or damage to the property, violation of the terms of the lease or other document, and — per the tenant brochure — conviction of a drug offense [S2; S4]. For every ground except failure to pay rent, the landlord must first give the tenant written notice to cease or remedy the conduct, and complaints for reasons other than non-payment generally require notice ending the tenancy; copies of these notices must be attached to the complaint at the time of filing, and each notice can have different legal requirements depending on the reason for seeking eviction [S2; S4]. Under federal law, public housing residences require the landlord to send the complaint and any eviction notice to the Public Housing Authority on the same day as, or before, the complaint is filed [S2].

Tenant defenses (NJ-specific). The self-help pages list common defenses: (1) habitability — a rental property must be habitable, and in New Jersey this is called the Marini Doctrine; a tenant may withhold rent for serious conditions such as lack of hot water or heat, a non-working toilet, mold, bedbugs, or rodents, lead paint, broken windows or unfinished floors, broken appliances, or unsafe common areas, but only if the tenant deposits all rent due with the court, can show with photos or other evidence that part of the living space is uninhabitable, can show the landlord was told about the problem and given a chance to fix it, and can show the tenant is not the cause of the issue [S2]; (2) unregistered rental property — the property may not be registered as required (with the Community Development Authority for owner-occupied properties of three units or fewer, otherwise with the Bureau of Housing Inspection), and the Registration Statement must be filed with the complaint [S2]; (3) illegal tenancy — for example, condemned property, zoning violations, or other law violations [S2]; (4) abatement — the judge may reduce the rent owed because of a problem with the property [S2]; (5) failure to notify subsidizing agencies in Section 8 cases, which can lead to dismissal of the case [S2]; and (6) payment of all rent due and owing with costs [S2; S4]. The brochure adds that illness, job loss, or unexpected medical expenses are not legal reasons for not paying rent, and that a tenant who signed a lease on or after February 1, 2014 containing a clause making the tenant responsible for the landlord's legal fees or expenses has the same right to reimbursement from the landlord if the tenant successfully defends — except where the tenant merely paid the rent to avoid eviction with no valid reason for the non-payment [S4].

Security deposits and interest (NJ-specific). The maximum security deposit a landlord can charge is 1½ months' rent [S2; S4]. The landlord must deposit the money into an interest-bearing account within 30 days of receiving it and must notify the tenant in writing within 30 days with the name and address of the bank, the type of account, the current interest rate, and the amount of the deposit; updated statements are due annually and within 30 days of moving the deposit, a bank merger, or the sale of the property [S2; S4]. The interest must be paid to the tenant in cash or credited toward rent each year [S2; S4]. The deposit cannot be touched until the tenant moves out, and deductions for damage beyond normal wear and tear or for unpaid rent require written notice within 30 days after the tenant moves out or is evicted [S2; S4]. A tenant who believes the deposit was kept without good cause may sue: up to $5,000 in small claims court, and security deposit claims over $5,000 as special civil cases [S2]. The deposit rules described here were verified on the official pages on 2026-08-20; the underlying statute number is flagged because no official page opened printed it (see _status/unverified_items.md) [S2; S4].

Illegal lockouts (NJ-specific). A landlord cannot evict a tenant or remove belongings from a rental home without first obtaining a judgment for possession and then a warrant of removal; only a Special Civil Part officer can perform the eviction [S2; S4]. It is illegal for a landlord to force a tenant out by changing the locks, padlocking the doors, or shutting off gas, water, or electricity, and a landlord cannot take possession of a tenant's personal belongings or furniture to force rent payment [S2; S4]. A tenant locked out illegally may file a complaint in the Special Civil Part seeking return to the premises and monetary damages [S2; S4].

Representation rules (NJ-specific). R. 6:10 applies the prohibition in R. 1:21-1(c) on appearances and filings by business entities other than sole proprietors to summary actions for possession of premises, except that a partner in a general partnership may file papers and appear pro se [S1, R. 6:10]. The self-help pages state the same in practice terms: a landlord that is a corporation, limited liability company, or limited partnership may not file or appear without a New Jersey attorney, while sole proprietors and general partnerships may proceed pro se; a tenant that is a corporation or limited liability partnership must also be represented [S2; S4].

Where a new attorney finds forms and guidance (NJ-specific). The Judiciary's Landlord/Tenant self-help page is the hub for practice materials: it publishes the process, the fee schedule, and the full forms catalog, including the Verified Complaint Landlord Tenant (Appendix XI-X), Certification by Landlord (Appendix XI-T), Certification by Landlord's Attorney (Appendix XI-U), Tenancy Summons and Return of Service (Appendix XI-B), the Landlord and Tenant Case Information Statements (LCIS/TCIS), the Request for Residential Warrant of Removal, and the Warrant of Removal forms (Appendix XI-G(1)–(4)) [S2]. The Information for Residential Tenants brochure (CN 10288, revised June 2026) is the official tenant-side summary [S4]. Fees, rule numbers, and process details change — all sources for this topic were checked on 2026-08-20, and that date is recorded in the frontmatter and in each source entry [S1; S2; S3; S4].

ELI-10: Explain It Like I'm 10

[HYPOTHETICAL — NOT A REAL CASE] Imagine you and a friend run a clubhouse with one spare room. You let your friend Nadia stay in the room while she saves up for her own place, and she pays a small weekly fee. Then Nadia stops paying. You are angry — but you cannot walk in, grab her backpack, or change the lock on the door. Doing that yourself would be against the clubhouse rules. Instead, you must go to the "clubhouse court" and fill out a special complaint form. The court sends Nadia a paper that says she must come and explain herself — and the paper must give her at least 21 days to get ready. On the day of the meeting, if Nadia pays the whole fee she owes plus the court's costs, the case ends. If the judge decides against her, the court — not you, and not a friend you hire — sends its own uniformed officer to escort her out, and only after the judge signs an official removal paper. And from the very beginning, you could only have asked Nadia for a deposit of at most one and a half weeks' fee, and you had to put it in a special bank account that earns interest for her, which you tell her about in writing.

Translating back to the real rule: the clubhouse court is the Special Civil Part of the New Jersey Superior Court, and the special complaint form is the Appendix XI-X verified complaint in a summary dispossession action under R. 6:3-4 [S1; S2]. The paper with at least 21 days is the tenancy summons under R. 6:2-1, which must set the appearance date not less than 21 days after service [S1]. The judge's decision is a judgment for possession, and the official removal paper is the warrant of removal under R. 6:7-1, which only a Special Civil Part officer — never the landlord — may execute, and then only after the judgment and the three-business-day window [S1; S2]. Paying the whole fee by the deadline is the rule that a tenant who pays all rent and approved costs by 4:30 p.m. on the trial date (or within three business days of the judgment or eviction, in non-payment cases) stops the eviction [S2]. And the deposit cap and the interest-bearing bank account are New Jersey's security deposit rules — no more than 1½ months' rent, held in an interest-bearing account, with interest paid or credited to the tenant each year [S2; S4].

Real Case Reference (if applicable)

Marini v. Ireland, 56 N.J. 130, 265 A.2d 526 (N.J. 1970) — a real, verified case: its existence, citation, and decision date (May 18, 1970) were verified via the CourtListener search API on 2026-08-20 [S5]. The case is the source of the name "Marini Doctrine," which the New Jersey Judiciary's self-help page uses for New Jersey's habitability defense: a rental property must be habitable, and a tenant may defend against eviction by showing serious conditions affecting habitability — lack of hot water or heat, a non-working toilet, mold, bedbugs, or rodents, lead paint, broken windows, unfinished floors, broken appliances, or unsafe common areas — provided the tenant deposits all rent due with the court, proves with photos or other evidence that part of the living space is uninhabitable, shows the landlord was told of the problem and given a chance to fix it, and shows the tenant did not cause the problem [S2]. Caveat disclosed for the auditor: the characterization above is the doctrine exactly as the Judiciary's official materials describe it, because the full opinion text could not be opened within the research budget (see _status/unverified_items.md); the case's identity and citation were independently verified via CourtListener [S2; S5]. The doctrine is on point for this topic because habitability is the most commonly litigated tenant defense in NJ summary dispossession practice, and the official materials describe its requirements as the operative practice rule [S2; S4].

Key Takeaways

• New Jersey evictions are summary dispossession actions in the Special Civil Part, continued by R. 6:1-1 in the Law Division of the Superior Court, with fees and the $20,000 amount-in-controversy ceiling set per statute and rule [S1; S3].
• The verified complaint (Appendix XI-X) and tenancy summons (Appendix XI-B) start the case; the summons must set the appearance/trial date at least 21 days after service, and summary dispossess actions permit no counterclaims or third-party complaints [S1, R. 6:2-1, R. 6:3-4; S2].
• No one may be evicted except by a Special Civil Part officer acting on a judgment for possession and a warrant of removal; illegal lockouts are actionable, and post-judgment relief includes orderly removal (up to seven calendar days) and hardship stays (up to six months) [S1, R. 6:6-6, R. 6:7-1; S2; S4].
• Two statutes govern the grounds: N.J.S.A. 2A:18-53 (commercial and small residential properties) and N.J.S.A. 2A:18-61.1 et seq. (most other residential tenants); for every ground except non-payment, written notice must precede the complaint and be attached to it [S2].
• The habitability defense (Marini Doctrine) requires the tenant to deposit rent with the court, prove the premises uninhabitable with evidence, show the landlord was notified and given a chance to fix the problem, and show the tenant did not cause it [S2].
• Security deposits are capped at 1½ months' rent, must be held in an interest-bearing account with written notice to the tenant within 30 days, accrue interest paid or credited annually, and may be deducted from only after move-out with 30 days' written notice [S2; S4].

Sources

• [S1] New Jersey Courts, "Rules of Court," https://www.njcourts.gov/attorneys/rules-of-court — Part VI (Special Civil Part) rule text verified on 2026-08-20 via the Judiciary's Rules of Court search interface. Rules cited: R. 6:1-1, R. 6:2-1, R. 6:3-4, R. 6:5-2, R. 6:6-3, R. 6:6-6, R. 6:7-1, R. 6:10 (and R. 1:21-1(c), R. 4:52-1, R. 4:52-2 as cross-referenced therein).
• [S2] New Jersey Courts, "Landlord/Tenant (Self-Help Center)," https://www.njcourts.gov/self-help/landlord-tenant (verified 2026-08-20).
• [S3] New Jersey Courts, "Lawsuits $20,000 or less (Special Civil) (Self-Help Center)," https://www.njcourts.gov/self-help/special-civil-court (verified 2026-08-20).
• [S4] New Jersey Courts, Civil Practice Division, "Information for Residential Tenants," CN 10288 (revised June 2026), https://www.njcourts.gov/sites/default/files/forms/10288_info_tenants.pdf (verified 2026-08-20).
• [S5] Marini v. Ireland, 56 N.J. 130, 265 A.2d 526 (N.J. 1970), https://www.courtlistener.com/opinion/1549597/marini-v-ireland/ (case identity, citation, and decision date verified via CourtListener search API 2026-08-20).

Not Legal Advice