[NJ] What are my options with a tenant who hasn't paid rent?
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Review the lease terms carefully
Confirm exactly what the lease says about late rent, grace periods, late fees, and when rent is considered delinquent. New Jersey does not have a mandatory grace period for late rent unless the lease provides one (except for some senior housing, where there’s a 5-day grace period). -
Communicate in writing
Send a written notice to the tenant documenting:
- The total rent owed (include May, June, and now July, if applicable)
- Any late fees, if your lease allows
- Your demand for payment by a reasonable deadline — typically 3–5 days
- Keep copies of any texts, emails, or letters for your records.
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Serve a formal Notice to Quit (if necessary)
In New Jersey, if a tenant fails to pay rent, you generally don’t have to serve a separate Notice to Quit before filing for eviction — nonpayment of rent is one of the few grounds where you can go straight to court under N.J.S.A. 2A:18-61.2. However, it’s good practice to give a clear written demand first. If the tenant doesn’t pay after your demand, you can file a landlord-tenant complaint. -
File for eviction in Landlord-Tenant Court
In Middlesex County, you would:
- File a Landlord/Tenant Complaint for Nonpayment of Rent with the Special Civil Part in the Superior Court.
- Pay the filing fee ($50 for the first tenant, plus $5 per additional tenant).
- Be prepared for the court to encourage mediation.
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Prepare for court
Bring:
- A copy of the signed lease
- A rent ledger showing all payments and arrears
- Proof of your written demands
- Any communications that show the tenant’s nonpayment
Additional important note: New Jersey still has strong tenant protections, but the COVID-19 eviction moratorium ended. The state has a Tenant Protection Act (NJ P.L. 2021, c. 188) which prohibits evicting for unpaid rent accrued between March 1, 2020 and August 31, 2021 if the tenant qualifies for hardship protection — but that won’t apply to recent unpaid months like May–July 2025.
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Consider payment plans
Sometimes, especially with repeated late payments, it’s practical to offer a written repayment plan (get it signed) to avoid long delays in court.
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I have a tenant in Middlesex County, NJ, who has not paid me this month. He delayed for May and June as well.
i understand how frustrating it can be to deal with a tenant who is not paying rent. how long has your tenant been living in the property?
6 years.
Have you already communicated with your tenant about the missed payments, and if so, what was their response?
Their response is he hasn’t worked for the past two weeks and his sister just gave birth to a baby so she hasn’t worked. His mom hasn’t worked either but he and his mom will start working on Monday.
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your tenant issue.
Yes.
Hello my name is Andres Sanchez. I am an attorney with 20 years of experience. How are you?
Hello
Attorney client
Sorry there is no attorney client privilege here. However, I think I can give you some guidance.
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Review the lease terms carefully
Confirm exactly what the lease says about late rent, grace periods, late fees, and when rent is considered delinquent. New Jersey does not have a mandatory grace period for late rent unless the lease provides one (except for some senior housing, where there’s a 5-day grace period). -
Communicate in writing
Send a written notice to the tenant documenting:
- The total rent owed (include May, June, and now July, if applicable)
- Any late fees, if your lease allows
- Your demand for payment by a reasonable deadline — typically 3–5 days
- Keep copies of any texts, emails, or letters for your records.
-
Serve a formal Notice to Quit (if necessary)
In New Jersey, if a tenant fails to pay rent, you generally don’t have to serve a separate Notice to Quit before filing for eviction — nonpayment of rent is one of the few grounds where you can go straight to court under N.J.S.A. 2A:18-61.2. However, it’s good practice to give a clear written demand first. If the tenant doesn’t pay after your demand, you can file a landlord-tenant complaint. -
File for eviction in Landlord-Tenant Court
In Middlesex County, you would:
- File a Landlord/Tenant Complaint for Nonpayment of Rent with the Special Civil Part in the Superior Court.
- Pay the filing fee ($50 for the first tenant, plus $5 per additional tenant).
- Be prepared for the court to encourage mediation.
-
Prepare for court
Bring:
- A copy of the signed lease
- A rent ledger showing all payments and arrears
- Proof of your written demands
- Any communications that show the tenant’s nonpayment
Additional important note: New Jersey still has strong tenant protections, but the COVID-19 eviction moratorium ended. The state has a Tenant Protection Act (NJ P.L. 2021, c. 188) which prohibits evicting for unpaid rent accrued between March 1, 2020 and August 31, 2021 if the tenant qualifies for hardship protection — but that won’t apply to recent unpaid months like May–July 2025.
-
Consider payment plans
Sometimes, especially with repeated late payments, it’s practical to offer a written repayment plan (get it signed) to avoid long delays in court.
Okay, thank you.
You're welcome. I hope everything works out for you.
