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[NJ] Is formal notice required before filing eviction for nonpayment, and can it be sent electronically?

Andres Sanchez
Andres Sanchez

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In New Jersey, before filing for eviction for non-payment of rent, landlords are generally required to serve a written notice, commonly referred to as a “Notice to Quit” or “Demand for Possession.” This informs the tenant of the breach and gives them an opportunity to pay the overdue rent. (NJ Rev Stat § 2A:18-61.2)

Formal eviction notices typically must be served in accordance with state law or the lease terms. Email alone is usually not sufficient. Service is commonly done by personal delivery or certified mail to ensure proof of delivery.

Given this history, here are the recommended steps:

  1. Review your current lease carefully for default and notice provisions.

  2. Serve a formal written Notice to Quit/Demand for Possession in compliance with New Jersey law. Do not rely solely on email. Use personal service or certified mail.

  3. Maintain detailed documentation of:

    • Payment history
    • Prior eviction filing and settlement

    • Lease agreements

    • All communications

  1. If the tenant does not cure the default, file a formal eviction (summary dispossess action) in New Jersey Superior Court, Special Civil Part (Landlord-Tenant).

Because this is non-payment of rent in NJ, the court process can move relatively quickly once properly filed — but strict compliance with notice and service rules is critical.

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Trying to evict an existing tenant for non-payment of rent. Is it mandatory to send the notice to evict before beginning the eviction process? Can the notice be sent electronically via a form filled and digitally signed?

Lexi

Lexi, Chatbot

I understand that dealing with tenant eviction can be stressful. Have you already communicated with your tenant about the non-payment of rent?

Yes, via email.

Lexi

Lexi, Chatbot

What type of lease agreement do you have in place with your tenant?

1-year NJ residential lease.

Andres Sanchez

Andres Sanchez

Hey there! I'm Andres Sanchez, an attorney with many years of experience.

I understand you're trying to evict a tenant for non-payment and want to know whether a notice is required and if it can be sent electronically. Have you considered any legal steps so far?

Yes.

Andres Sanchez

Andres Sanchez

Since you're in New Jersey, have you already sent any formal notice regarding eviction?

Only email communication so far.

Andres Sanchez

Andres Sanchez

Does your lease include any specific terms about how eviction notices must be delivered?

Standard NJ residential lease.

Andres Sanchez

Andres Sanchez

Have there been prior payment issues with this tenant?

Yes.

Andres Sanchez

Andres Sanchez

When did the tenant first miss a rent payment?

Prior issues exist.

In the previous lease with the same tenant, they missed multiple payments, were late multiple times, filed eviction in July 2024, then settled in January 2025. They were supposed to vacate August 31, 2025, requested a new lease effective September 1, 2025, then missed payments for November and December 2025, and paid $500 less in September 2025.

Andres Sanchez

Andres Sanchez

In New Jersey, before filing for eviction for non-payment of rent, landlords are generally required to serve a written notice, commonly referred to as a “Notice to Quit” or “Demand for Possession.” This informs the tenant of the breach and gives them an opportunity to pay the overdue rent. (NJ Rev Stat § 2A:18-61.2)

Formal eviction notices typically must be served in accordance with state law or the lease terms. Email alone is usually not sufficient. Service is commonly done by personal delivery or certified mail to ensure proof of delivery.

Given this history, here are the recommended steps:

  1. Review your current lease carefully for default and notice provisions.

  2. Serve a formal written Notice to Quit/Demand for Possession in compliance with New Jersey law. Do not rely solely on email. Use personal service or certified mail.

  3. Maintain detailed documentation of:

    • Payment history
    • Prior eviction filing and settlement

    • Lease agreements

    • All communications

  1. If the tenant does not cure the default, file a formal eviction (summary dispossess action) in New Jersey Superior Court, Special Civil Part (Landlord-Tenant).

Because this is non-payment of rent in NJ, the court process can move relatively quickly once properly filed — but strict compliance with notice and service rules is critical.

Andres Sanchez

Andres Sanchez

22,292 satisfied customers

Andres Sanchez
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