[NJ] How do I evict a tenant with an expired lease?
10
3
Since I did not see any further info posted, I will do my best to provide you with an answer based on what you posted initially. In New Jersey, even tenants without a current lease are protected under the Anti-Eviction Act, so the process requires careful handling to avoid delays or legal missteps. Since you've already given 45 days’ notice, here’s how to proceed:
A. Step-by-Step Guide to Removing a Tenant with an Expired Lease
1. Confirm the Grounds for Removal
If the buyer intends to personally occupy the property, and the home has three or fewer residential units, you can remove the tenant under N.J.S.A. 2A:18-61.1(l)(3). This is one of the few valid reasons to evict a tenant with an expired lease.
- The contract of sale must require the unit to be vacant at closing.
- You must provide at least 60 days’ written notice before filing for eviction.
- Since you gave 45 days, you may need to extend the notice period to meet the legal minimum.
2. File for Eviction if Necessary
If the tenant does not vacate voluntarily:
- File a Verified Complaint for Possession in the Special Civil Part of Superior Court.
- Include the Notice to Quit, proof of expired lease, and sale contract showing buyer’s intent to occupy.
- The court will issue a Summons and schedule a hearing.
3. Consider “Cash for Keys”
If time is tight or the tenant is resistant, offering relocation assistance (a financial incentive to vacate early) can be faster and less costly than litigation. A written agreement should include:
- A firm move-out date.
- A waiver of possession rights.
- Terms for clean condition and key return.
Hope I have answered your question. Thank you for allowing me to assist you. Have a nice day!
Upvote if this is a clear answer
Downvote if this is not a clear answer
Create DocumentFull Conversation
Hello, I have a tenant in New Jersey. She has an expired lease. I’m selling the house. I also sent her a letter to vacate and gave her 45 days notice.
Hello! I understand you have a tenant in New Jersey with an expired lease, and you’ve sent a 45-day notice to vacate because you’re selling the house. Have you had any communication with the tenant about vacating after receiving the notice?
No
Has the tenant responded to your letter to vacate, and if so, what was their response?
No she hasn’t
Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured they’ll be able to help with your tenant issue.
No.
Hey there! Welcome! I'm Lori, an attorney with many years of experience, and I'm here to help you. I am on live with you today. Has the 45 days run on the Notice to vacate you served? What is your legal question about the eviction process?
Just following up. Has the 45 days run on the Notice to vacate you served? What is your legal question about the eviction process?
Since I did not see any further info posted, I will do my best to provide you with an answer based on what you posted initially. In New Jersey, even tenants without a current lease are protected under the Anti-Eviction Act, so the process requires careful handling to avoid delays or legal missteps. Since you've already given 45 days’ notice, here’s how to proceed:
A. Step-by-Step Guide to Removing a Tenant with an Expired Lease
1. Confirm the Grounds for Removal
If the buyer intends to personally occupy the property, and the home has three or fewer residential units, you can remove the tenant under N.J.S.A. 2A:18-61.1(l)(3). This is one of the few valid reasons to evict a tenant with an expired lease.
- The contract of sale must require the unit to be vacant at closing.
- You must provide at least 60 days’ written notice before filing for eviction.
- Since you gave 45 days, you may need to extend the notice period to meet the legal minimum.
2. File for Eviction if Necessary
If the tenant does not vacate voluntarily:
- File a Verified Complaint for Possession in the Special Civil Part of Superior Court.
- Include the Notice to Quit, proof of expired lease, and sale contract showing buyer’s intent to occupy.
- The court will issue a Summons and schedule a hearing.
3. Consider “Cash for Keys”
If time is tight or the tenant is resistant, offering relocation assistance (a financial incentive to vacate early) can be faster and less costly than litigation. A written agreement should include:
- A firm move-out date.
- A waiver of possession rights.
- Terms for clean condition and key return.
Hope I have answered your question. Thank you for allowing me to assist you. Have a nice day!
