njsa 2a:18-61.1 is New Jersey’s list of the only legal reasons a landlord can use to evict most residential tenants. If your letter cites njsa 2a:18-61.1, your landlord is naming one of the lettered grounds, “a” through “r,” and must prove it in court before you can be removed.
What NJSA 2a:18-61.1 Actually Says
The law starts with a clear rule. No residential tenant may be removed by the Superior Court “except upon establishment of one of the following grounds as good cause.” In plain English, the landlord needs a reason, and it must be on the list. For example, “I want a new tenant” is not a reason under NJSA 2A:18-61.1.
Several grounds require a written “notice to cease” first. That is a warning telling you to stop a behavior. However, the landlord can only move forward if you keep doing it after that warning. As a result, a single late payment or one loud party usually is not enough under NJSA 2A:18-61.1 by itself.
| Provision | Exact rule | Section |
|---|---|---|
| Unpaid rent | Rent due and owing, oral or written lease. Rent you used to keep utilities on after a shutoff notice is not unpaid rent. | 2A:18-61.1(a) |
| Disorderly conduct | Only after written notice to cease, and it must destroy the peace of others | 2A:18-61.1(b) |
| Damage | Willful or grossly negligent damage to the premises | 2A:18-61.1(c) |
| Rule or lease violations | Only after written notice to cease; rules must be reasonable and accepted in writing or in the lease at the start | 2A:18-61.1(d), (e) |
| Refusing a rent increase | Only after a valid notice to quit; the increase must not be unconscionable | 2A:18-61.1(f) |
| Habitual late rent | Only after written notice to cease; late “habitually and without legal justification” | 2A:18-61.1(j) |
| Owner move-in (small buildings) | Building of three residential units or less | 2A:18-61.1(l)(3) |
| Drug, assault, or trafficking grounds | No case more than two years after conviction, release, or the violation ended | 2A:18-61.1(n), (o), (r) |
Other grounds cover code-violation board-ups (g), retiring a building from rental use (h), refusing reasonable new lease terms (i), condo or co-op conversions (k, l), job-based housing like a superintendent’s unit (m), and theft (p, q). You can read the full official text of N.J.S.A. 2A:18-61.1.
Who NJSA 2a:18-61.1 Covers (and Who It Does Not)
NJSA 2A:18-61.1 covers tenants in any house, building, mobile home, or mobile home park lot leased for residential purposes. In most cases, that means apartment renters, house renters, and mobile home park residents. Oral leases count too. The law protects “the assigns, under-tenants or legal representatives” of a tenant as well.
However, there are exceptions. The law does not cover owner-occupied premises with not more than two rental units. It also skips hotels, motels, or guest houses rented to a transient guest or seasonal tenant. For example, if your landlord lives in a two-family home and rents you the other unit, NJSA 2A:18-61.1 typically does not apply to you.
Two narrow family exceptions also exist. They apply only when a unit is occupied by an immediate family member who has a developmental disability. Senior citizens and disabled tenants may have extra “protected tenancy” status in condo conversions. Some towns also have local rent control ordinances. Check with your municipal clerk for local rules.
What Your Landlord Must Do Under This Law
Your landlord must prove a listed ground in court. They cannot just change the locks or put your things outside. The case goes to the Superior Court, Law Division, Special Civil Part. Typically, the landlord must also give proper written notices before filing. For example, grounds b, d, e(1), and j all require a written notice to cease first.
The exact number of days for each notice is not in NJSA 2A:18-61.1. It is in the companion section, N.J.S.A. 2A:18-61.2. Confirm the notice period for your ground in that section or with the court. Some grounds add more duties. For example, under ground (g), the landlord must notify the Department of Community Affairs when serving the eviction notice.
For condo or co-op conversions, the rules are strict. Under ground (k), no warrant for possession can issue until the conversion law is fully followed. Under ground (l)(1), the tenant must first get a statement required by N.J.S.A. 2A:18-61.9. As a result, missing paperwork can stop the case.
What You Can Do When It Is Broken
NJSA 2A:18-61.1 does not list fines or penalties. Instead, its power is simple. If the landlord can’t prove a listed ground, the court should not remove you. In most cases, your strongest move is to show up to court and raise the problem. For example, you can point out a missing notice to cease.
You may also have defenses tied to specific grounds. For example, rent you paid to a utility to keep service on is not unpaid rent. A rent increase must not be unconscionable and must follow local rent laws. Rules must be reasonable and agreed to in writing. Bring your lease, receipts, and every notice you got to court.
If you have an active eviction case, contact a local legal-aid office or tenant attorney right away. Legal Services of New Jersey and county legal-aid offices help many renters. You may be able to resolve the case, fix a notice defect, or get more time. Check with your court for filing rules and hearing dates.
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Frequently Asked Questions
Can my landlord evict me just because my lease ended?
In most cases, no. NJSA 2A:18-61.1 does not list “lease ended” as good cause. However, the landlord may offer reasonable new lease terms, and refusing them after written notice is a ground under subsection (i).
Does NJSA 2A:18-61.1 protect me if I rent in my landlord’s two-family house?
Typically, no. Owner-occupied premises with not more than two rental units are excluded from NJSA 2A:18-61.1. Ask a legal-aid office what other rules may still protect you.
Can my landlord move in and make me leave?
Only in limited cases. Under subsection (l)(3), the owner of a building of three residential units or less may seek to personally occupy a unit. Condo and co-op owners have separate rules in (l)(1) and (l)(2).
Protect your stuff while you sort this out
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Find Your State’s Exact Rules
Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
New Jersey Renter Guides
- New Jersey Eviction Process
- New Jersey Tenant Rights
- New Jersey Security Deposit Law
- New Jersey Rent Increase Laws
- New Jersey Repairs and Habitability
- Breaking a Lease in New Jersey
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- Notices, Letters & Documents
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- Tenant Rights Legal Glossary
Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.