Eviction as a Last Resort
Eviction is expensive, time-consuming, and stressful for everyone involved. In New Jersey and New York, the process can take 3-12 months and cost thousands in legal fees and lost rent. Before pursuing eviction, always explore alternatives like payment plans, cash-for-keys agreements, or lease buyouts.
That said, sometimes eviction is unavoidable. When it is, doing it correctly is essential, procedural errors can restart the clock or get your case dismissed entirely.
Common Grounds for Eviction
Non-Payment of Rent
The most common ground for eviction. Both NJ and NYC require specific notice before filing:
- NJ: No formal notice required for month-to-month; written demand recommended
- NYC: 14-day demand for payment required before filing
Lease Violations
Material breaches of lease terms (unauthorized occupants, illegal activity, substantial damage) can justify eviction, usually after a notice to cure.
Holdover Tenancies
When a tenant remains after lease expiration without renewal. Notice requirements depend on tenancy type and duration.
New Jersey Eviction Process
Step 1: Proper Notice
New Jersey requires different notices depending on the situation:
- Non-payment: Written demand (not legally required but strongly recommended)
- Lease violation: Notice to Cease and Notice to Quit
- End of lease: 30-day Notice to Quit (longer for longer tenancies)
Step 2: File Complaint
File a Summary Dispossess Complaint in Special Civil Part (landlord/tenant section). Filing fees are modest but must be paid in advance.
Step 3: Court Hearing
Cases are generally heard within 10-30 days of filing. Both parties present their case to a judge. Tenants have various defenses available.
Step 4: Judgment for Possession
If successful, you receive a Judgment for Possession. The tenant typically has 3 business days to vacate (can be longer).
Step 5: Warrant for Removal
If the tenant doesn't leave, request a Warrant for Removal. The court officer will schedule a lockout, usually 1-3 weeks later.
New York City Eviction Process
NYC evictions are more complex and tenant-friendly:
Housing Court Proceedings
- Cases filed in NYC Civil Court, Housing Part
- Tenants in NYC often have access to free legal representation
- Courts grant multiple adjournments (delays)
- Process typically takes 4-12 months
Rent-Stabilized Tenants
Additional protections apply. Eviction is only permitted for "Good Cause" as defined by law. Non-renewal is extremely limited.
Alternatives to Eviction
Payment Plans
For tenants with temporary hardship, structured payment plans can recover arrears while avoiding costly court proceedings.
Cash for Keys
Paying a tenant to vacate voluntarily is often cheaper and faster than eviction. Get everything in writing with a clear move-out date.
Lease Buyouts
Similar to cash for keys, but typically used when you want to reposition the unit or building.
Mistakes That Can Sink Your Case
- Self-help eviction: Never change locks, remove belongings, or shut off utilities, this is illegal and exposes you to serious liability
- Improper notice: Wrong notice period or delivery method can get your case dismissed
- Accepting rent: Taking rent after filing can waive your right to proceed
- Retaliation: Evicting in response to legitimate complaints is illegal
Professional Eviction Management
Property Perfected handles the full eviction process when necessary, from initial notice through lockout coordination. But our focus is on prevention, proper screening and responsive management means evictions are rare in our portfolio. Request your free portfolio analysis to learn about our approach to tenant relations and risk mitigation.
