New Jersey § 2a:18-61
Full text of New Jersey New Jersey Statutes § 2a:18-61, with citation guidance and answers to common questions.
§ 2a:18-61.
a. Where a tenant vacates the premises after being given a notice alleging the owner
seeks to personally occupy the premises under subsection l. of section 2 of P.L.1974, c. 49 ( C. 2A:18-61.1 ) and the owner thereafter arbitrarily fails to personally occupy the premises for
a total of at least six months, or arbitrarily fails to execute the contract for sale,
but instead permits personal occupancy of the premises by another tenant or instead
permits registration of conversion of the premises by the Department of Community
Affairs pursuant to “The Planned Real Estate Development Full Disclosure Act,” P.L.1977,
c. 419 ( C. 45:22A-21 et seq. ), such owner shall be liable to the former tenant in a civil action for three times
the damages plus the tenant's attorney fees and costs. b. If an owner purchases the premises pursuant to a contract requiring the tenant
to vacate in accordance with subsection l. of section 2 of P.L.1974, c. 49 ( C. 2A:18-61.1 ) and thereafter arbitrarily fails to personally occupy the premises for a total of
at least six months, but instead permits personal occupancy of the premises by another
tenant or instead permits registration of conversion of the premises by the Department
of Community Affairs pursuant to P.L.1977, c. 419 ( C. 45:22A-21 et seq. ), such owner-purchaser shall be liable to the former tenant in a civil action for
three times the damages plus the tenant's attorney fees and costs. c. If a tenant vacates a dwelling unit after notice has been given alleging that the
owner seeks to permanently board up or demolish the premises or to retire permanently
the premises from residential use pursuant to subsection g. (1) or h. of section 2
of P.L.1974, c. 49 ( C. 2A:18-61.1 ) and instead, within five years following the date on which the dwelling unit or
the premises become vacant, an owner permits residential use of the vacated premises,
the owner shall be liable to the former tenant in a civil action for three times the
damages plus the tenant's attorney fees and costs of suit. An owner of any premises where notice has been given pursuant to subsection g. (1)
or h. of section 2 of P.L.1974, c. 49 ( C. 2A:18-61.1 ), who subsequently seeks to sell, lease or convey the property to another, shall,
before executing any lease, deed or contract for such conveyance, advise in writing
the prospective owner that such notice was given and that the owners of the property
are subject to the liabilities provided in this subsection and sections 3 and 4 of
this 1986 amendatory and supplementary act. 1 Whoever fails to so advise a prospective owner prior to the execution of the contract
of sale, lease or conveyance is liable to a civil penalty of not less than $2,500.00
or more than $10,000.00 for each offense, and shall also be liable in treble damages,
plus attorney fees and costs of suit, for any loss or expenses incurred by a new owner
of the property as a result of that failure. The civil penalty prescribed in this subsection shall be collected and enforced
by summary proceedings pursuant to “the penalty enforcement law” ( N.J.S. 2A:58-1 et seq. ). The Superior Court, Law Division, Special Civil Part, in the county in which the
rental premises are located shall have jurisdiction over such proceedings. Process shall be in the nature of a summons or warrant, and shall issue upon the
complaint of the Commissioner of the Department of Community Affairs, the Attorney
General, or any other person. d. If a tenant vacates a dwelling unit after receiving from an owner an eviction notice
(1) purporting to compel by law the tenant to vacate the premises for cause or purporting
that if the tenant does not vacate the premises, the tenant shall be compelled by
law to vacate the premises for cause; and (2) using a cause that is clearly not provided
by law or using a cause that is based upon a lease clause which is contrary to law
pursuant to section 6 of P.L.1975, c. 310 ( C. 46:8-48 ); and (3) misrepresenting that, under the facts alleged, the tenant would be subject
to eviction, the owner shall be liable to the former tenant in a civil action for
three times the damages plus the tenant's attorney fees and costs. An owner shall not be liable under this subsection for alleging any cause for eviction
which, if proven, would subject the tenant to eviction pursuant to N.J.S. 2A:18-53 et seq. or P.L.1974, c. 49 ( C. 2A:18-61.1 et seq. ). In any action under this section the court shall, in addition to damages, award any
other appropriate legal or equitable relief. For the purposes of P.L.1974, c. 49 ( C. 2A:18-61.1 et seq. ), the term “ owner ” includes, but is not limited to, lessee, successor owner and lessee, and other successors
in interest. e. An owner shall not be liable for damages pursuant to this section or section 6
of this 1986 amendatory and supplementary act 2 or subject to a more restrictive local ordinance adopted pursuant to section 8 of
this 1986 amendatory and supplementary act 3 if: (1) Title to the premises was transferred to that owner by means of a foreclosure
sale, execution sale or bankruptcy sale; and (2) Prior to the foreclosure sale, execution sale or bankruptcy sale, the former tenant
vacated the premises after receiving eviction notice from the former owner pursuant
to subsection g. (1) or h. of section 2 of P.L.1974, c. 49 ( C. 2A:18-61.1 ); and (3) The former owner retains no financial interest, direct or indirect, in the premises. The term “ former owner ” shall include, but not be limited to, any officer or board member of a corporation
which was the former owner and any holder of more than 5% equity interest in any incorporated
or unincorporated business entity that was the former owner; and (4) The former tenant is provided notice and rights in accordance with the provisions
of section 6 of this 1986 amendatory and supplementary act. 1
N.J.S.A. §§ 2A:18-61.1c and 2A:18-61.1d. 2
N.J.S.A. § 2A:18-61.1e. 3
N.J.S.A. § 2A:18-61.1f.
Frequently Asked Questions About New Jersey § 2a:18-61
What does New Jersey Statutes § 2a:18-61 cover?
Section 2a:18-61 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 2a:18-61?
A common citation format is "New Jersey Statutes § 2a:18-61" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 2a:18-61 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.