Grounds for Eviction

In New Jersey, a commercial landlord may seek to evict its tenant if:

1. The tenant does not vacate the premises after the Lease has expired;
2. The tenant has failed to pay its rent;
3. The tenant has been so disorderly as to destroy the peace and quiet of the landlord or the other tenants;
4. The tenant has willfully destroyed, damaged, or injured the premises;
5. The tenant “constantly” violates the landlord’s written rules and regulations; and/or
6. The tenant has breached or violated any portion of the Lease and the Lease provides for a Right of Re-entry.

Notice Requirements

With the exception of non-payment of rent cases, which are treated differently (see below), the first step in the process of seeking to evict a tenant is to serve the statutorily required Notice to Quit and Demand for Delivery of Possession. Depending on the circumstances, the landlord must give the tenant three (3) days’ to three (3) months’ Notice before it can file a lawsuit:

The Notice must: (1) specify the reason the landlord is terminating the tenancy; and (2) be properly served on the tenant.

In addition to the statutory requirements, the relevant lease must be reviewed to identify any additional or specific notice requirements.

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Non-Payment of Rent

Perhaps the most common basis for an eviction is when a tenant fails to pay their rent. While a demand letter is often sent (especially when the Lease requires notice and an opportunity to cure), the landlord is not required to send a Notice to Quit prior to commencing an action against the tenant. Instead, the landlord can simply jump to the litigation process described below.

The Litigation

1. Verified Complaint, Summons and Return of Service, Case Information Statement

If the tenant does not comply with the Notice(s) sent within the relevant timeframe (as needed), the next step in seeking to evict a commercial tenant is to file a Verified Complaint. The Verified Complaint should be filed in the Special Civil Part, Landlord-Tenant Division, in the County in which the leased premises is located. It must be accompanied by: (1) a Summons and Return of Service; and (2) a Case Information Statement. The Notice(s) to Quit should also be filed with the Complaint.

In addition to the Verified Complaint, the landlord must also file:

1. Certification of Lease and Registration Statement;
2. Certification of Landlord; and
3. Certification of Landlord’s Attorney (if applicable);
4. Trial

Once the Verified Complaint has been filed, the Court will serve the filed Verified Complaint and supporting papers on the tenant and set a trial date. Prior to the trial date, all exhibits and a list of witnesses should be submitted to the Court and to the tenant (or its attorney, if it has one).

The landlord’s exhibits may include, for example, the lease, rent bills, notices, bounced checks, and any other documents that may help prove the case against the tenant. The landlord will also want to present a witness who can describe and explain to the Court any documents presented. That witness may be the landlord themselves (if the landlord is an individual) or a representative of the company (if the landlord is a corporation). Additional witnesses may be required if the landlord seeks to prove that the tenant has been so disorderly so as to destroy the peace and quiet of other tenants, destroyed or damaged the premises, or constantly violated the landlord’s written rules and regulations.

On the day of trial, it’s important for all parties to attend and to bring their witnesses. If all parties appear, they will be sent to meet with a mediator to try to resolve the issues between them. If an agreement cannot be reached during mediation, the parties will proceed to trial and have the case decided by the judge assigned to their matter.

Judgment of Possession and Warrant of Removal 

If, at trial, the Court rules in favor of the landlord, it will issue a Judgment of Possession. However, that doesn’t mean that the landlord can immediately change the locks. Even with a Judgment for Possession, the landlord may not take matters into its own hands. Instead, the landlord must ask the Court to issue a Warrant of Removal. To do so, the landlord must file:

1. Judgment for Possession;
2. Proposed Commercial Warrant of Removal;
3. Proposed Notice Regarding Illegal Eviction;
4. Proposed Execution of Warrant of Removal;
5. Certification by Landlord; and
6. Certification by Landlord’s Attorney (if applicable).

Once the Court approves the landlord’s documents, and issues the Warrant of Removal, a Special Civil Part Officer will serve the Warrant on the tenant. That officer may, at the same time, formally evict the tenant by changing (or allowing the landlord to change) the locks. Once the locks are changed with the Special Civil Part Officer, and any related fees have been paid, the eviction is complete.

If the tenant left anything behind after it has been evicted, depending on what it is, there may be specific statutory requirements that must be complied with before that property can be removed or destroyed. It is important to consult your attorney before removing any material a tenant has left behind.

If you are a business owner and need assistance with a landlord-tenant matter, please contact us.