What are the technical requirements for a valid New Jersey notice of eviction?

Tenants in New Jersey, like all tenants, must conduct themselves so that they don’t disturb their neighbors’ peace and quiet. When their behavior becomes unduly disruptive, landlords may terminate the tenancy.

New Jersey is quite specific in what kind of conduct will cross the line: behavior that is “…so disorderly as to destroy the peace and quiet of the landlord or the other tenants or occupants living in [the] house or the neighborhood.” (N.J. Stat. Ann. § 2A:18(53)(c).) Of course, whether any particular incident qualifies will be a matter of proof, and a landlord seeking to end a tenancy on this basis would need to be able to show that many neighbors were affected and annoyed, that the police considered the situation to be unreasonably raucous, that property damage was involved, and so on.

In some states, unruly behavior from tenants won’t immediately justify a termination notice. Some states require landlords to give tenants a chance to stop the offending behavior, and if they do so, they save their tenancy. But in New Jersey, one such incident is enough to support a termination (as explained above, however, the landlord will still have to prove that the incident qualifies as “disorderly”).

There may be a way to save your tenancy, however. New Jersey requires landlords to personally serve their tenants with a written notice of termination (they can also leave a copy at the rental with a family member who is at least 14 years old). The notice must state the reason for the termination, and must give the tenant three days to move. If the tenant does not move within three days, the landlord may then file for eviction.

The email you received from your landlord would probably not pass muster under this standard. It was not delivered properly, nor did it give you three days to move out.

Your landlord, however, doubtless thinks he has handled the matter properly, and if you don’t move, he may proceed to file an eviction lawsuit. Even though he did not terminate the tenancy properly, you’ll have to answer that lawsuit in court.

If you want to remain at this rental and decide not to move, you could in theory raise the improper notice problem in court, when you defend against an eviction lawsuit. Think twice before committing to this course, because you may only win a little time (the judge may allow the landlord to simply start over with a proper notice). It would be wise to consult with an attorney who is well versed in landlord-tenant law and who may know the likely results of such a defense. In addition, an attorney may have some suggestions on how to negotiate your way towards a resolution. If you aren’t an incorrigible tenant, you may be able to convince the landlord to give you another chance.