New Jersey § 2a:18-61

§ 2a:18-61.

No lessee or tenant or the assigns, under-tenants or legal representatives of such

lessee or tenant may be removed by the Superior Court from any house, building, mobile

home or land in a mobile home park or tenement leased for residential purposes, other

than (1) owner-occupied premises with not more than two rental units or a hotel, motel

or other guest house or part thereof rented to a transient guest or seasonal tenant;

(2) a dwelling unit which is held in trust on behalf of a member of the immediate

family of the person or persons establishing the trust, provided that the member of

the immediate family on whose behalf the trust is established permanently occupies

the unit; and (3) a dwelling unit which is permanently occupied by a member of the

immediate family of the owner of that unit, provided, however, that exception (2)

or (3) shall apply only in cases in which the member of the immediate family has a

developmental disability, except upon establishment of one of the following grounds

as good cause: a. The person fails to pay rent due and owing under the lease whether the same be

oral or written; provided that, for the purposes of this section, any portion of

rent unpaid by a tenant to a landlord but utilized by the tenant to continue utility

service to the rental premises after receiving notice from an electric, gas, water

or sewer public utility that such service was in danger of discontinuance based on

nonpayment by the landlord, shall not be deemed to be unpaid rent. b. The person has continued to be, after written notice to cease, so disorderly as

to destroy the peace and quiet of the occupants or other tenants living in said house

or neighborhood. c. The person has willfully or by reason of gross negligence caused or allowed destruction,

damage or injury to the premises. d. The person has continued, after written notice to cease, to substantially violate

or breach any of the landlord's rules and regulations governing said premises, provided

such rules and regulations are reasonable and have been accepted in writing by the

tenant or made a part of the lease at the beginning of the lease term. e. (1) The person has continued, after written notice to cease, to substantially violate

or breach any of the covenants or agreements contained in the lease for the premises

where a right of reentry is reserved to the landlord in the lease for a violation

of such covenant or agreement, provided that such covenant or agreement is reasonable

and was contained in the lease at the beginning of the lease term. (2) In public housing under the control of a public housing authority or redevelopment

agency, the person has substantially violated or breached any of the covenants or

agreements contained in the lease for the premises pertaining to illegal uses of controlled

dangerous substances, or other illegal activities, whether or not a right of reentry

is reserved to the landlord in the lease for a violation of such covenant or agreement,

provided that such covenant or agreement conforms to federal guidelines regarding

such lease provisions and was contained in the lease at the beginning of the lease

term. f. The person has failed to pay rent after a valid notice to quit and notice of increase

of said rent, provided the increase in rent is not unconscionable and complies with

any and all other laws or municipal ordinances governing rent increases. g. The landlord or owner (1) seeks to permanently board up or demolish the premises

because he has been cited by local or State housing inspectors for substantial violations

affecting the health and safety of tenants and it is economically unfeasible for the

owner to eliminate the violations; (2) seeks to comply with local or State housing

inspectors who have cited him for substantial violations affecting the health and

safety of tenants and it is unfeasible to so comply without removing the tenant;

simultaneously with service of notice of eviction pursuant to this clause, the landlord

shall notify the Department of Community Affairs of the intention to institute proceedings

and shall provide the department with such other information as it may require pursuant

to rules and regulations. The department shall inform all parties and the court of its view with respect to

the feasibility of compliance without removal of the tenant and may in its discretion

appear and present evidence; (3) seeks to correct an illegal occupancy because he

has been cited by local or State housing inspectors or zoning officers and it is unfeasible

to correct such illegal occupancy without removing the tenant; or (4) is a governmental

agency which seeks to permanently retire the premises from the rental market pursuant

to a redevelopment or land clearance plan in a blighted area. In those cases where the tenant is being removed for any reason specified in this

subsection, no warrant for possession shall be issued until P.L.1967, c. 79 ( C.52:31B-1 et seq. ) and P.L.1971, c. 362 ( C.20:4-1 et seq. ) have been complied with. h. The owner seeks to retire permanently the residential building or the mobile home

park from residential use or use as a mobile home park, provided this subsection shall

not apply to circumstances covered under subsection g. of this section. i. The landlord or owner proposes, at the termination of a lease, reasonable changes

of substance in the terms and conditions of the lease, including specifically any

change in the term thereof, which the tenant, after written notice, refuses to accept;

provided that in cases where a tenant has received a notice of termination pursuant

to subsection g. of section 3 of P.L.1974, c. 49 ( C.2A:18-61.2 ), or has a protected tenancy status pursuant to the “Senior Citizens and Disabled Protected Tenancy Act,” P.L.1981, c. 226 ( C.2A:18-61.22 et al.), or pursuant to the “Tenant Protection Act of 1992,” P.L.1991, c. 509 ( C.2A:18-61.40 et al.), the landlord or owner shall have the burden of proving that any change in

the terms and conditions of the lease, rental or regulations both is reasonable and

does not substantially reduce the rights and privileges to which the tenant was entitled

prior to the conversion. j. The person, after written notice to cease, has habitually and without legal justification

failed to pay rent which is due and owing. k. The landlord or owner of the building or mobile home park is converting from the

rental market to a condominium, cooperative or fee simple ownership of two or more

dwelling units or park sites, except as hereinafter provided in subsection l. of this

section. Where the tenant is being removed pursuant to this subsection, no warrant for possession

shall be issued until this act has been complied with. No action for possession shall be brought pursuant to this subsection against a

senior citizen tenant or disabled tenant with protected tenancy status pursuant to

the “Senior Citizens and Disabled Protected Tenancy Act,” P.L.1981, c. 226 ( C.2A:18-61.22 et al.), or against a qualified tenant under the “Tenant Protection Act of 1992,” P.L.1991, c. 509 ( C.2A:18-61.40 et al.), as long as the agency has not terminated the protected tenancy status or

the protected tenancy period has not expired. l. (1) The owner of a building or mobile home park, which is constructed as or being

converted to a condominium, cooperative or fee simple ownership, seeks to evict a

tenant or sublessee whose initial tenancy began after the master deed, agreement establishing

the cooperative or subdivision plat was recorded, because the owner has contracted

to sell the unit to a buyer who seeks to personally occupy it and the contract for

sale calls for the unit to be vacant at the time of closing. However, no action shall be brought against a tenant under paragraph (1) of this

subsection unless the tenant was given a statement in accordance with section 6 of

P.L.1975, c. 311 ( C.2A:18-61.9 ); (2) The owner of three or less condominium or cooperative units seeks to evict a tenant

whose initial tenancy began by rental from an owner of three or less units after the

master deed or agreement establishing the cooperative was recorded, because the owner

seeks to personally occupy the unit, or has contracted to sell the unit to a buyer

who seeks to personally occupy it and the contract for sale calls for the unit to

be vacant at the time of closing; (3) The owner of a building of three residential units or less seeks to personally

occupy a unit, or has contracted to sell the residential unit to a buyer who wishes

to personally occupy it and the contract for sale calls for the unit to be vacant

at the time of closing. m. The landlord or owner conditioned the tenancy upon and in consideration for the

tenant's employment by the landlord or owner as superintendent, janitor or in some

other capacity and such employment is being terminated. n. The person has been convicted of or pleaded guilty to, or if a juvenile, has been

adjudicated delinquent on the basis of an act which if committed by an adult would

constitute an offense under the “Comprehensive Drug Reform Act of 1987,” N.J.S.2C:35-1 et al. , involving the use, possession, manufacture, dispensing or distribution of a controlled

dangerous substance, controlled dangerous substance analog or drug paraphernalia within

the meaning of that act within or upon the leased premises or the building or complex

of buildings and land appurtenant thereto, or the mobile home park, in which those

premises are located, and has not in connection with his sentence for that offense

either (1) successfully completed or (2) been admitted to and continued upon probation

while completing, a drug rehabilitation program pursuant to N.J.S.2C:35-14 ; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored

therein a person who has been so convicted or has so pleaded, or otherwise permits

or permitted such a person to occupy those premises for residential purposes, whether

continuously or intermittently, except that this subsection shall not apply to a person

harboring or permitting a juvenile to occupy the premises if the juvenile has been

adjudicated delinquent upon the basis of an act which if committed by an adult would

constitute the offense of use or possession under the said act. No action for removal may be brought pursuant to this subsection more than two years

after the date of the adjudication or conviction or more than two years after the

person's release from incarceration whichever is the later. o. The person has been convicted of or pleaded guilty to, or if a juvenile, has been

adjudicated delinquent on the basis of an act which if committed by an adult would

constitute an offense under N.J.S.2C:12-1 or N.J.S.2C:12-3 involving assault, or terroristic threats against the landlord, a member of the landlord's

family or an employee of the landlord; or, being the tenant or lessee of such leased

premises, knowingly harbors or harbored therein a person who has been so convicted

or has so pleaded, or otherwise permits or permitted such a person to occupy those

premises for residential purposes, whether continuously or intermittently. No action for removal may be brought pursuant to this subsection more than two years

after the adjudication or conviction or more than two years after the person's release

from incarceration whichever is the later. p. The person has been found, by a preponderance of the evidence, liable in a civil

action for removal commenced under this act for an offense under N.J.S.2C:20-1 et al. involving theft of property located on the leased premises from the landlord,

the leased premises or other tenants residing in the leased premises, or N.J.S.2C:12-1 or N.J.S.2C:12-3 involving assault or terroristic threats against the landlord, a member of the landlord's

family or an employee of the landlord, or under the “Comprehensive Drug Reform Act

of 1987,” N.J.S.2C:35-1 et al., involving the use, possession, manufacture, dispensing or distribution of

a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia

within the meaning of that act within or upon the leased premises or the building

or complex of buildings and land appurtenant thereto, or the mobile home park, in

which those premises are located, and has not in connection with his sentence for

that offense either (1) successfully completed or (2) been admitted to and continued

upon probation while completing a drug rehabilitation program pursuant to N.J.S.2C:35-14 ; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored

therein a person who committed such an offense, or otherwise permits or permitted

such a person to occupy those premises for residential purposes, whether continuously

or intermittently, except that this subsection shall not apply to a person who harbors

or permits a juvenile to occupy the premises if the juvenile has been adjudicated

delinquent upon the basis of an act which if committed by an adult would constitute

the offense of use or possession under the said “Comprehensive Drug Reform Act of

1987.” q. The person has been convicted of or pleaded guilty to, or if a juvenile, has been

adjudicated delinquent on the basis of an act which if committed by an adult would

constitute an offense under N.J.S.2C:20-1 et al. involving theft of property from the landlord, the leased premises or other

tenants residing in the same building or complex; or, being the tenant or lessee

of such leased premises, knowingly harbors therein a person who has been so convicted

or has so pleaded, or otherwise permits such a person to occupy those premises for

residential purposes, whether continuously or intermittently. r. The person is found in a civil action, by a preponderance of the evidence, to have

committed a violation of the human trafficking provisions set forth in section 1 of P.L.2005, c. 77 ( C.2C:13-8 ) within or upon the leased premises or the building or complex of buildings and land

appurtenant thereto, or the mobile home park, in which those premises are located;

or, being the tenant or lessee of such leased premises, knowingly harbors or harbored

therein a person who has been engaged in human trafficking, or otherwise permits or

permitted such a person to occupy those premises for residential purposes, whether

continuously or intermittently. No action for removal may be brought pursuant to this subsection more than two years

after the alleged violation has terminated. A criminal conviction or a guilty plea to a crime of human trafficking under section

1 of P.L.2005, c. 77 ( C.2C:13-8 ) shall be considered prima facie evidence of civil liability under this subsection. For purposes of this section, (1) “ developmental disability ” means any disability which is defined as such pursuant to section 3 of P.L.1977,

c. 82 ( C.30:6D-3 ); (2) “ member of the immediate family ” means a person's spouse, parent, child or sibling, or a spouse, parent, child or

sibling of any of them; and (3) “ permanently ” occupies or occupied means that the occupant maintains no other domicile at which

the occupant votes, pays rent or property taxes or at which rent or property taxes

are paid on the occupant's behalf.