Landlord Tenant Matters

Scope

This file explains, in plain language for tenants and landlords who are not lawyers, how New Jersey's eviction (landlord-tenant) court process works: when a landlord can start an eviction case, what happens in court, what a tenant can do to defend, the rules for security deposits, the duty to keep a rental home habitable, and where to get free or low-cost help. It covers New Jersey residential tenancies only; it does not cover commercial leases in detail, rent control laws, or how to handle housing discrimination complaints beyond a brief mention.

Legal Explanation

Everything in this file is New Jersey-specific. Module 05 covers New Jersey law and procedure only, and landlord-tenant law varies widely from state to state — none of the rules below should be assumed to apply outside New Jersey [S1][S2]. All facts were checked against the official New Jersey Courts pages and the Judiciary's own tenant brochure on 2026-08-20; fees and rules can change, so check njcourts.gov before acting [S1][S2].

Where eviction cases are heard (NJ-specific). Landlord-tenant cases are filed in the Special Civil Part of the Superior Court, in the county where the rental property is located [S1]. In New Jersey, a tenant cannot be evicted without a judgment — a court decision — from the Superior Court [S2]. Only a Special Civil Part officer can enforce an eviction; any other attempt at eviction is illegal [S1].

Why a landlord can start an eviction case (NJ-specific). The official materials list the reasons a landlord may seek eviction: failure to pay rent; frequently being late in paying rent; repeatedly acting in a disorderly manner; willfully or through gross negligence causing destruction or damage to the property; violating the terms of the lease; and, per the Judiciary's tenant brochure, conviction of a drug offense [S1][S2]. The courts website adds that a landlord may also seek eviction when required to board up or demolish the property for health and safety reasons [S1]. For every reason except failure to pay rent, the landlord must first give the tenant written notice asking them to stop (or remedy) the conduct, and copies of those notices must be attached to the complaint the landlord files with the court [S1][S2].

Two statutes govern, depending on the property (NJ-specific). The courts website identifies two New Jersey statutes that apply to eviction cases: N.J.S.A. 2A:18-53 covers commercial tenants (non-homes) and residential properties with no more than two rental units — such as a two-family home, or a three-family home where the landlord also lives in one unit; N.J.S.A. 2A:18-61.1 et seq. applies to all other residential tenants, except people in hotels, motels, and seasonal rentals [S1].

The eviction lawsuit, step by step (NJ-specific). The landlord files a verified complaint — a mandatory court form — in the Special Civil Part [S1]. The current filing fee is $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 [S1]. With the complaint, the landlord must file a copy of the lease (or the relevant portions if it is longer than 10 pages), a Landlord Case Information Statement, a Registration Statement unless the landlord is exempt under N.J.S.A. 46:8-27, and — for cases based on something other than non-payment of rent — copies of all notices sent to the tenant [S1]. The court inserts the trial date on the summons, and it will be at least 21 days from the date of service of the summons [S1]. The tenant must go to court to defend; written responses are not acceptable [S1]. The tenant must complete a Tenant Case Information Statement (TCIS) and file it as soon as possible after receiving the complaint, and the court will accept it through the date of trial [S1]; the Judiciary's brochure says the TCIS must be filed at least 5 days before the case management conference [S2]. A mandatory case management conference is scheduled in every case, and most conferences are held virtually, so the tenant may not need to come to the courthouse [S2]. Both sides can settle at any point, but the judge must review and approve any settlement before it takes effect [S1][S2].

What happens at trial (NJ-specific). If the landlord does not attend, the case is dismissed [S1][S2]. If the tenant does not attend, the case is marked "Default," and the landlord can apply for a judgment [S1][S2]. If both attend, the parties are first offered a settlement meeting with trained, neutral court staff; if no agreement is reached, the judge hears the case and grants or denies a judgment for possession [S1][S2]. A judgment for possession means the landlord won and can have the tenant removed — it is the first step toward an eviction [S1][S2]. In a case based on non-payment of rent only, the case may be dismissed if the tenant pays 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 [S1]. 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 [S1]. Even after a judgment for possession, a residential tenant has three business days to pay the rent and the approved costs to avoid eviction [S1]. The judgment for possession does not by itself entitle the landlord to the outstanding rent — to collect back rent, the landlord must file a separate claim in the Special Civil Part or small claims section [S1].

After judgment: the warrant of removal (NJ-specific). After the three business days following a judgment for possession pass, the landlord may request a warrant of removal from the court [S1]. If the tenant does not leave, a Special Civil Part officer — not the landlord — serves the tenant with the warrant, which is an official court order to leave [S1][S2]. Residential tenants have three business days to leave after being served; if they do not, the landlord can ask the officer to carry out the eviction [S1][S2]. In residential non-payment cases, the landlord must accept full payment — rent plus permissible costs and charges under a valid lease — any time up to three business days after an eviction, by cashier's check, money order, or cash (no personal checks), and the landlord must advise the court within two days that the rent was paid or be subject to a $500 fine [S1]. Business tenants, by contrast, must leave immediately when served with a warrant of removal [S1].

What a tenant can still do after judgment (NJ-specific). The tenant can request an Order for Orderly Removal, which gives them more time to move out — usually no more than seven calendar days [S1][S2]. The tenant can request a hardship stay, which can stop the eviction for up to six months, but only if the tenant first pays all the money owed to the landlord plus any costs, and the tenant must keep paying rent under the lease during the stay [S1][S2]. The tenant can apply to the court to vacate (cancel) the judgment for possession — a request that is not granted often and requires unique legal circumstances [S1][S2]. Tenants must notify their landlord if they pursue any of these options [S1][S2].

Illegal lockouts (NJ-specific). A landlord cannot evict a tenant or remove their belongings without first obtaining a judgment for possession and then a warrant of removal, and only a Special Civil Part officer can perform an eviction [S1][S2]. It is illegal for a landlord to force a tenant out by changing the locks, padlocking the doors, or shutting off the gas, water, or electricity, and a landlord cannot take a tenant's personal belongings or furniture to try to force rent payment [S1][S2]. A tenant locked out illegally can file a complaint in the Special Civil Part of Superior Court asking to be allowed back into the home and to receive monetary damages [S1][S2].

Security deposits (NJ-specific). In New Jersey, a landlord can only charge up to 1½ months' rent as a security deposit [S1][S2]. The deposit is meant to cover damage to the unit or unpaid rent after the tenant leaves [S1][S2]. 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 amount of the deposit, the type of account, and the current interest rate [S1][S2]. The landlord must send an updated statement every year, or within 30 days if the deposit is moved to another account or bank, the bank merges, or the property is sold [S1][S2]. The annual interest must be paid to the tenant in cash or credited toward the rent each year [S1][S2]. The landlord cannot deduct any money from the deposit until after the tenant moves out; if the landlord keeps money for damage or unpaid rent, they must notify the tenant in writing within 30 days after the tenant moves out or is evicted [S1][S2]. The tenant should give the landlord a new address so the deposit can be returned or accounted for [S1][S2]. If the tenant owes more than the deposit or caused damage beyond normal wear and tear, the landlord can sue for the additional amount; and if a tenant believes the deposit was kept without good cause, the tenant can sue — for deposits up to $5,000 in small claims court, and for larger amounts as a special civil case [S1]. The statute number commonly associated with these rules could not be confirmed on an official page within this topic's research budget [S1][S2].

Repairs, habitability, and rent (NJ-specific). A rental property must be "habitable" — people must be able to live in it safely and comfortably [S1]. In New Jersey, this rule is called the Marini Doctrine [S1]. Problems that affect habitability include lack of hot water or heat, a non-working toilet, mold, bedbugs or rodents, lead paint, broken windows, unfinished floors, broken appliances such as a stove or refrigerator, and unsafe common areas such as a lobby, stairs, or elevator [S1]. A tenant might withhold rent because of a habitability problem, but to make that defense the tenant must: deposit all rent due with the court; show the court, with photos or other evidence, that some part of the living space is uninhabitable; show that the landlord was told about the problem and given a chance to fix it; and show that the tenant is not the cause of the problem [S1]. Habitability cannot be used to avoid eviction for a pattern of late rent payments, noise or pet violations, or any other reason the landlord gives for eviction [S1]. Separately, the judge can grant an "abatement" — reducing the rent owed because of a problem with the property [S1]. Other common defenses listed on the official page: the property was not registered as a rental property as required, the tenancy itself is illegal (for example, the property is condemned or has zoning violations), or the landlord failed to notify public agencies subsidizing the tenant's rent in Section 8 housing, which can get the case dismissed [S1]. At the same time, the Judiciary's brochure is direct about tenant obligations: illness, a lost job, or unexpected medical expenses are not legal reasons for not paying rent, and a tenant should bring to court all the money the landlord says is owed even if the tenant disagrees, because if the court decides the rent is legally owed, it does not matter why it was not paid [S2].

Foreclosure and discrimination protections (NJ-specific). A residential tenant with a valid lease who is in good standing will not be forced to move just because the property goes into foreclosure — the purchaser at the sheriff's sale takes over the building subject to the tenants' rights [S1]. The official page also notes that tenants cannot be denied housing because of gender identity or expression, race, or other types of bias; tenants are permitted to have emotional support animals in their rental homes; landlords cannot discriminate based on the lawful source of the money used to pay rent; and racial steering — limiting someone's housing choices based on actual or perceived race or national origin — is prohibited [S1].

Where to get help (NJ-specific). Court staff can explain how the court works, what the requirements are, and how to fill out forms, and can answer questions about deadlines — but they cannot give legal advice, recommend whether to bring a case, or talk to the judge for anyone [S1]. For people who cannot afford a lawyer, the courts website advises contacting the legal services program in the county to see if they qualify for free legal services; Legal Services of New Jersey (LSNJ) maintains a directory of regional legal services offices, and the New Jersey State Bar Association maintains a list of county lawyer referral services [S1]. LSNJ describes itself as providing free legal help to low-income New Jerseyans [S4]. The Judiciary's tenant brochure adds that the county bar association can help find a lawyer, that court staff can give a list of agencies that might help with rent, temporary shelter, or legal services, and that information about rental assistance programs is available online at njcourts.gov [S2].

ELI-10: Explain It Like I'm 10

[HYPOTHETICAL — NOT A REAL CASE] Imagine your family pays a neighbor, Mr. Ramos, to let you store your bike in his garage for the summer — $30 a month, and you gave him $45 up front as a "bike deposit" in case your tires scuff his floor. Halfway through the summer, the garage roof springs a leak, and water drips on your bike every night, rusting the chain. You tell Mr. Ramos twice. He does nothing. So you stop paying the $30. Now Mr. Ramos is furious. Instead of talking to your parents or the landlord, he drags your bike out onto the lawn, changes the garage lock so you can't get in, and says you can't have your $45 back because you "broke the deal." That whole scene — the midnight lawn move, the new lock, the kept deposit — is exactly the kind of thing the rules exist to stop. The rules say: Mr. Ramos can't toss your bike out or change the lock himself, no matter how mad he is. He has to go to the neighborhood disputes office and file a complaint, and you get a notice with the hearing date at least three weeks away. At the hearing, you can tell the judge the roof leaks and you told him twice — but if you want to win on that, you must first pay the whole $30 you owe into a special holding box the judge controls, and bring a photo of the rusty chain and a note that you told him. If the judge says you owe the money, you still get a few extra days to pay it before anyone can move your bike. And your $45 deposit? He could only ever ask for $45 because the most a deposit can be is one and a half times one month's fee, he had to keep it in a special bank account that earns interest for you, tell you in writing where it was, and he can't keep any of it for the rusty chain — you didn't cause that leak.

Now here is the translation back to the real New Jersey rule: the disputes office is the Special Civil Part of the Superior Court, and a landlord cannot evict a tenant or remove belongings without first getting a judgment for possession and then a warrant of removal, which only a court officer can carry out — changing the locks or shutting off utilities to force someone out is an illegal lockout [S1][S2]. The hearing notice with at least three weeks is the tenancy summons, which must set the trial date at least 21 days after service [S1]. Paying the money into the holding box is the habitability (Marini Doctrine) defense: a tenant must deposit all rent due with the court and prove the problem was serious, reported to the landlord, and not caused by the tenant [S1]. The few extra days to pay after a loss are the three business days a residential tenant has after judgment (and after an eviction in non-payment cases) to pay everything in full [S1]. And the deposit rules are New Jersey's security deposit law: no more than 1½ months' rent, held in an interest-bearing account with written notice to the tenant, with interest paid or credited each year, and no deductions without written notice within 30 days after the tenant moves out [S1][S2].

Real Case Reference (if applicable)

Marini v. Ireland, 56 N.J. 130, 265 A.2d 526 (N.J. 1970) — a real, verified case: its name, citation (56 N.J. 130; 265 A.2d 526), and decision date (May 18, 1970) were verified on 2026-08-20 through the CourtListener search API, which resolves to the case's page at courtlistener.com [S3]. The case is the source of the name "Marini Doctrine," which the New Jersey Judiciary's official landlord-tenant page uses for New Jersey's habitability rule: a rental property must be habitable, and a tenant may defend an eviction by showing serious conditions that make part of the living space uninhabitable — provided the tenant deposits all rent due with the court, shows with photos or other evidence that part of the space is uninhabitable, shows the landlord was told about the problem and given a chance to fix it, and shows the tenant did not cause the problem [S1]. This topic characterizes the doctrine exactly as the Judiciary's official materials describe it, because the full opinion text could not be opened within the research budget; the case's identity and citation were independently verified via CourtListener [S1][S3]. The doctrine is on point for this topic because habitability is the most commonly discussed tenant defense on the official self-help pages, and the official materials describe its requirements as the operative rule [S1][S2].

Key Takeaways

• In New Jersey, no one can be evicted without a Superior Court judgment for possession, and only a Special Civil Part officer can carry out an eviction; landlords who change locks, padlock doors, shut off utilities, or take belongings to force someone out commit an illegal lockout [S1][S2].
• Eviction cases are filed in the Special Civil Part in the county where the rental property is located; the summons must set the trial date at least 21 days after service, and tenants must appear in person — written responses are not acceptable [S1].
• For every eviction ground except non-payment of rent, the landlord must first send written notice to stop or remedy the conduct and attach copies of the notices to the complaint [S1][S2].
• Security deposits are capped at 1½ months' rent, must be kept in an interest-bearing account with written notice to the tenant within 30 days, earn interest paid or credited annually, and can be deducted from only after move-out, with written notice within 30 days [S1][S2].
• A tenant defending on habitability (the Marini Doctrine) must deposit all rent due with the court and prove the problem was serious, that the landlord was told and given a chance to fix it, and that the tenant did not cause it [S1][S3].
• Free help is available: county legal services programs, Legal Services of New Jersey (free legal help to low-income New Jerseyans), county bar referral services, and the njcourts.gov self-help landlord/tenant materials [S1][S2][S4].

Sources

• [S1] New Jersey Courts, "Landlord/Tenant (Self-Help Center)," https://www.njcourts.gov/self-help/landlord-tenant (verified 2026-08-20).
• [S2] 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).
• [S3] 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 the CourtListener search API 2026-08-20).
• [S4] Legal Services of New Jersey (LSNJ), https://www.lsnj.org/ (verified 2026-08-20).

Not Legal Advice

Not legal advice. This material is general public legal education about New Jersey law and procedure. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most current law. Consult a licensed New Jersey attorney about your specific situation.