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What are the technical requirements for a valid New Jersey notice of eviction?
I live in New Jersey and have been renting a residential apartment. I have a few people occasionally over the weekend but it’s never been an issue. The past weekend, the cops came back to tell us to keep it down. I guess the landlord was informed. I received an e-mail by him saying I am going to be evicted. Is this a legal eviction notice?
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Answers (1)
In New Jersey, a landlord can evict a tenant for continued disorderly conduct, and/or violations of lease rules and regulations only after he has given the tenant written notice to correct the lease violation. A landlord may only proceed to file an eviction lawsuit if a tenant fails to correct the violation within the statutory notice period.
Although the e-mail could be interpreted as written notice of the noise complaint against you, your landlord does not seem to have given you any opportunity to correct the alleged problem.
Moreover, the e-mail cannot serve as a valid eviction notice. Under New Jersey law, the notice of eviction for a “substantial lease violation” must be at least three days; the written notice must state that the tenancy is being terminated and the cause. The notice must be personally served upon the tenant or a family member older than 14 years old. The landlord must file a proof of service with the court. Termination of a year-to-year lease may require a three month notice; all other tenancies require one rental period. A qualified New Jersey landlord-tenant attorney can advise and assist you with negotiations with your landlord and any necessary legal actions.
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Posted by Jamilla Moore on 22 Jan 2010