The Legal Process for Evicting a Tenant: A Landlord’s Guide
Aug. 22, 2025
Evicting a tenant is a difficult and often stressful process for any landlord. In New Jersey, the law provides specific procedures and protections for both tenants and landlords during the eviction process.
Failing to follow these legal procedures can result in unnecessary delays, legal complications, and financial losses. As such, understanding the legal requirements of eviction is essential for making sure that landlords can protect their property and uphold their rights in a lawful manner.
At The Law Office of Victor Druziako, P.C. in Vineland, New Jersey, I can help you manage the legal process of eviction while safeguarding your interests. As an experienced landlord-tenant law attorney, I’m committed to guiding you through every step of the process, establishing compliance with New Jersey’s landlord-tenant law, and minimizing the risk of complications.
Let’s explore the key steps involved in evicting a tenant in New Jersey, highlighting the importance of adhering to landlord-tenant law and working with a landlord-tenant law attorney. By following the right procedures, you can avoid mistakes that could derail your case and help create a smooth eviction process.
Step 1: Review the Grounds for Eviction
Before initiating an eviction, landlords must make sure that they have a valid reason to evict a tenant. New Jersey law specifies several grounds under which a landlord can evict a tenant, including:
Failure to pay rent: If the tenant hasn’t paid rent for a specified period, this is one of the most common grounds for eviction.
Violation of lease terms: If the tenant fails to comply with the terms outlined in the lease, such as illegal subletting or causing property damage, eviction may be necessary.
End of lease term: When the lease term has expired, and the tenant refuses to vacate, eviction may be warranted.
Illegal activities: If the tenant engages in criminal activities on the premises, this is a valid ground for eviction.
Health and safety violations: If the tenant’s actions endanger the health and safety of others, including violating local codes or creating hazardous conditions, eviction may be pursued.
Once you have determined the reason for eviction, it’s critical to make sure that you follow the proper legal channels. Missteps at this stage can significantly impact the success of the eviction process. Moving forward, the next step is notifying the tenant.
Step 2: Provide the Required Notice to the Tenant
In New Jersey, a landlord must provide the tenant with a formal notice of eviction before filing a lawsuit. The type of notice required depends on the reason for eviction:
Pay rent or quit notice: If the tenant has failed to pay rent, a landlord must provide a 5-day "pay rent or quit" notice. This gives the tenant 5 days to pay overdue rent or vacate the premises.
Cure or quit notice: If the tenant has violated lease terms (but not for non-payment of rent), you may issue a 30-day notice to "cure or quit," which allows the tenant 30 days to correct the violation or vacate the property.
Unconditional quit notice: In cases of severe violations, such as illegal activities or health and safety violations, the landlord can issue a 3-day unconditional quit notice. This doesn’t allow the tenant the option to fix the violation and requires them to vacate immediately.
Notice of lease expiration: If the tenant’s lease has expired, a 30-day notice of lease expiration is required. This informs the tenant that they must vacate the property.
Once the notice is served, landlords should allow the tenant the appropriate time to respond or remedy the issue. Failing to follow the correct notice procedures can delay the eviction process.
Transitioning from notice to filing an eviction action is the next step in establishing legal compliance.
Step 3: File an Eviction Action (Complaint for Summary Process)
If the tenant doesn’t comply with the eviction notice, the landlord can file an eviction action, formally known as a "complaint for summary process," with the local courthouse. This action is a legal request for the court to order the tenant’s removal from the property.
To file the complaint, you’ll need to:
Complete the necessary paperwork, including the complaint for summary process and a certification of service.
Pay the filing fee, which varies depending on the court and type of case.
Submit supporting documentation, such as the lease agreement, rent payment records, and copies of the notice you provided to the tenant.
Once the paperwork is filed, the court will schedule a hearing. The landlord and tenant will both have the opportunity to present their case. If the landlord wins the case, the court will issue a judgment for possession, ordering the tenant to vacate the property.
At this point, many landlords opt to consult a landlord-tenant law attorney to make sure that the case is presented effectively.
Step 4: Attend the Court Hearing
At the scheduled court hearing, both the landlord and tenant will present evidence. It’s essential to be prepared with the following documents:
Lease agreement
Copies of any notices given to the tenant
Proof of rent payments or the tenant’s failure to pay
Photographs or other evidence of property damage (if applicable)
It’s crucial to have all necessary documentation and evidence organized to avoid delays in the legal process. The judge will listen to both parties and decide whether the eviction is warranted.
In many cases, tenants may try to defend themselves by claiming that the landlord didn’t follow the proper eviction process or that they were unfairly treated. As such, it’s critical to remain organized and professional, making sure all documents are in order and that you’re following the law.
Transitioning from the court decision to enforcing the judgment is the final step in completing the eviction process.
Step 5: Enforce the Court’s Judgment
If the court issues a judgment for possession in favor of the landlord, the tenant is legally required to vacate the property. However, if the tenant refuses to leave, the landlord can’t simply change the locks or remove the tenant’s belongings.
In New Jersey, landlords must hire a Sheriff to physically remove the tenant from the property. The sheriff will serve a Warrant of Removal, giving the tenant a final deadline to vacate. If the tenant doesn’t leave by the deadline, the sheriff will enforce the eviction by removing the tenant and their belongings from the property.
It’s crucial that landlords don’t take matters into their own hands, as unlawful evictions can result in legal repercussions and financial penalties. Working with a landlord-tenant law attorney can help you make sure that this final step is carried out in compliance with the law.
Step 6: Consider Potential Liabilities After Eviction
Once the tenant has been removed from the property, landlords should consider any potential liabilities. In some cases, tenants may be entitled to a portion of their security deposit, depending on the reason for eviction and the condition of the property.
Additionally, if the eviction process wasn’t conducted according to the law, the landlord may face legal challenges from the tenant.
After the eviction, it’s also essential for landlords to assess the property for damage. The tenant may be responsible for repairs, but only if the damage exceeds normal wear and tear. If you plan to re-rent the property, you must make sure that all necessary repairs and cleaning are completed to make the space habitable.
In summary, evicting a tenant is a complicated legal process that must be approached with care and attention to detail. By following the proper steps and complying with New Jersey’s landlord-tenant law, landlords can avoid unnecessary legal issues and protect their property rights.
Speak to a Landlord-Tenant Law Attorney Today
While evicting a tenant can be complicated, working with a landlord-tenant law attorney can help you comply with all legal requirements and avoid making costly mistakes. If you’re facing an eviction situation, reach out to The Law Office of Victor Druziako, P.C. I’m proud to serve clients in Vineland, New Jersey, and throughout South Jersey. Contact me at The Law Office of Victor Druziako, P.C. today.