New Jersey Lease Termination Letter

Introduction

Key Things to Know

1. 1

   Under the Anti-Eviction Act (N.J.S.A. 2A:18-61.1), a residential landlord may not evict or fail to renew a written or oral lease without one of the listed good causes. The Act excludes owner-occupied premises with not more than two rental units, transient or seasonal rentals, and certain units for immediate family or persons with developmental disabilities.

2. 2

   Each good-cause ground carries its own notice to quit: one month before filing for most grounds, 3 days for some, 3 months for code violations, illegal occupancy or governmental redevelopment under 2A:18-61.1(g), 2 months for some condominium grounds, and 3 years for a condominium conversion. The notice to quit must describe the cause in detail for every ground except nonpayment of rent (N.J.S.A. 2A:18-61.2).

3. 3

   A yearly lease that is not renewed becomes a month-to-month lease when the term ends, and a month-to-month tenancy renews each month unless a party acts to end it (N.J.S.A. 46:8-10). Many yearly leases require 60 to 90 days' notice from the tenant or renew automatically, so the tenant should check the lease's notice clause. A landlord changing terms at renewal gives written notice ending the existing lease and offering a new one.

4. 4

   A landlord evicting under 2A:18-61.1(g) must provide relocation assistance before the eviction. In a condominium conversion, a tenant may receive up to five 1-year stays unless comparable housing is offered, or 5 months' free rent as compensation. Under the Senior Citizens and Disabled Protected Tenancy Act of 1992, protected seniors and disabled tenants cannot be removed on the conversion ground while protected status lasts.

5. 5

   Under the Safe Housing Act (N.J.S.A. 46:8-9.4 et seq.), a tenant who faces, or whose child faces, an imminent threat of serious physical harm from domestic violence may end the lease by written notice plus documentation such as a certified copy of a permanent restraining order. Termination takes effect on the 30th day after the landlord receives both, and rent is prorated.

6. 6

   A tenant with a lease of one or more years who has a disabling illness or accident with loss of income, or a tenant 62 or older accepted into assisted living, a nursing home, a continuing care community or low or moderate income housing, may give 40 days' written notice with the statutory form, a physician certification and acceptance documentation, or a lease or intent to lease. The tenant vacates at least 5 working days before the 40th day and owes rent until termination (N.J.S.A. 46:8-9.2). A unit not made accessible after a limb loss or need for an assistive device allows termination on the 40th day after notice plus a treating physician's certification. The 40-day procedure also applies on the death of the tenant or spouse, unless the lease provides otherwise (N.J.S.A. 46:8-9.1).

7. 7

   The landlord returns the security deposit within 30 days after the tenancy ends, by personal delivery, registered or certified mail (N.J.S.A. 46:8-21.1). After a Safe Housing Act termination, the deadline is 15 business days, and after displacement by fire, flood or condemnation, 5 business days.

New Jersey Requirements for Lease Termination Letter

• Good Cause for Landlord Termination

  A landlord may not evict or fail to renew a covered residential lease without a good cause listed in N.J.S.A. 2A:18-61.1. Owner-occupied premises with not more than two rental units and transient or seasonal rentals are excluded.

• Detailed Cause in the Notice to Quit

  A landlord's notice to quit describes the cause in detail for every good-cause ground except nonpayment, and runs for the period that ground requires (N.J.S.A. 2A:18-61.2).

• Lease Rolls to Month-to-Month

  A yearly lease that is not renewed becomes month-to-month, and a month-to-month tenancy renews each month unless a party acts to end it (N.J.S.A. 46:8-10).

• Safe Housing Act Termination

  A tenant facing an imminent threat of serious physical harm from domestic violence gives written notice with qualifying documentation. The lease ends on the 30th day after the landlord receives both, with rent prorated (N.J.S.A. 46:8-9.4 et seq.).

• 40-Day Illness, Senior or Accessibility Termination

  Disabling illness or accident with income loss on a lease of a year or more, acceptance at 62 or older into care or low or moderate income housing, or a unit not made accessible: 40 days' written notice with the required documentation (N.J.S.A. 46:8-9.2).

• Death of Tenant or Spouse

  The 40-day written notice procedure applies on the death of the tenant or the tenant's spouse, with no prescribed form, unless the lease provides otherwise (N.J.S.A. 46:8-9.1).

• Relocation Assistance

  Relocation assistance is provided before a removal under N.J.S.A. 2A:18-61.1(g) for code violations, illegal occupancy or governmental redevelopment.

• Forwarding Address and Deposit Deadline

  The letter gives a forwarding address. The landlord returns the deposit within 30 days after the tenancy ends, by personal delivery, registered or certified mail (N.J.S.A. 46:8-21.1).