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Vol. L · No. I FOL. LArticles

Avery & Avery, Esqs. Ridgefield, NJ Robert W. Avery, Esq.

NJ Anti-Eviction Act — N.J.S.A. 2A:18-61.1 Walkthrough

RW·A

By Robert W. Avery, Esq.

Founding Partner · Former Mun. Ct. Judge

By Robert W. Avery, Esq.

The NJ Anti-Eviction Act at N.J.S.A. 2A:18-61.1 is the foundational tenant-protection statute in NJ. It restricts covered residential evictions to specific enumerated grounds. Landlords cannot evict for arbitrary reasons; the eviction must fit one of the statutory categories. This post walks through the grounds, the procedural framework, and the scope of coverage.

Anti-Eviction Act walkthrough. Not legal advice. Free consultation: (201) 943-2445.

What the Act Covers

The Act covers most NJ residential rentals. Specific exclusions:

  • Owner-occupied 2 or 3-family dwellings — limited exclusion with statutory analysis
  • Hotel / motel transient occupancies of less than 90 days
  • Boarding houses and rooming houses with specific exemptions
  • Public housing (separate federal framework)
  • Cooperative apartments held by shareholders

If the rental is not in an exempt category, it’s covered.

The Enumerated Grounds

N.J.S.A. 2A:18-61.1 lists these grounds:

(a) Non-Payment of Rent

The most common ground. The amount owed must be specifically stated in the notice and complaint.

(b) Habitual Late Payment

A pattern of late payment, even when ultimately paid.

(c) Disorderly Conduct

Conduct disruptive of other tenants’ peaceful enjoyment.

(d) Willful or Grossly Negligent Damage

Beyond ordinary wear-and-tear; intent or gross negligence required.

(e) Substantial Breach of Landlord’s Rules

Where the rules are reasonable and known to the tenant.

(f) Material Breach of Substantial Lease Covenants

A specific lease term breached materially.

(g) Conviction of Certain Offenses

Specific drug, assault, or violence convictions involving the premises.

(h) Refusal to Accept Reasonable Lease Changes

Tenant refuses landlord’s reasonable lease-renewal terms.

(i) Government / Health-and-Safety Code Violations

Violations the tenant has been ordered to remedy.

(j) Owner-Occupancy Conversion

Landlord’s good-faith intent to occupy for personal use; specific notice and procedural requirements.

(k) Building Condemnation

Government condemnation of the building.

(l) Substantial Alterations / Demolition

Landlord’s intent to substantially alter or demolish.

(m) Personal Use by Landlord

Limited grounds for personal-use eviction with strict notice.

(n) Distressed Property / Foreclosure

Specific procedures for tenants in foreclosure context.

(o) Cooperative / Condominium Conversion

Specific notice and tenant-relocation requirements.

Procedural Framework

For each ground, there is a procedural sequence:

  1. Notice to Cease for curable grounds (b, c, d, e, f, i)
  2. Notice to Quit terminating tenancy
  3. Complaint for Possession in Special Civil Part
  4. Hearing before a Special Civil Part judge
  5. Judgment for Possession
  6. Warrant of Removal (eviction order)
  7. Lockout by Special Civil Part Officer

Tenant defenses can defeat the action at any stage.

Tenant Defenses

The principal defenses:

1. Lack of Statutory Ground

The landlord didn’t fit one of the enumerated grounds.

2. Procedural Defect

Notice was incorrect; service was deficient; complaint was defective.

3. Habitability

Marini / Berzito breach of habitability defense.

4. Retaliation

N.J.S.A. 2A:42-10.10 prohibits retaliatory eviction.

5. Discrimination

Federal Fair Housing Act and NJ Law Against Discrimination.

6. Payment / Cure

For non-payment grounds, paying through trial defeats the case under N.J.S.A. 2A:18-55.

Frequently Asked Questions

Can the landlord just refuse to renew my lease?

Generally no. The Anti-Eviction Act requires a recognized ground for ending tenancy. Routine non-renewal is not a recognized ground.

What if my lease has expired?

A tenant who continues paying rent after lease expiration becomes a month-to-month tenant covered by the Act.

Are owner-occupied 2-family rentals exempt?

Limited exclusion. The Act and case law have nuanced application to owner-occupied 2-3 family situations. Counsel evaluates.

What about non-payment if I’m withholding for habitability?

Marini-style abatement requires specific procedures. Improvident withholding can support the eviction. Counsel guides the procedure.

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For NJ Anti-Eviction Act / eviction defense: