In New Jersey, a Notice to Cease is the first step in the eviction process if you have a tenant who:
- Exhibits disorderly conduct that is disruptive to neighbors or other tenants.
- Is in violation of one or more of your stated rules and regulations.
- Is in violation of your lease or rental agreement, not including non-payment situations.
For these violations, a Notice to Cease must be served to the tenant before any other actions are taken. However, in New Jersey, if you have a tenant who refuses to pay rent, unless the property is federally subsidized housing, you are under no obligation to serve notice. In this case, you may file for eviction with the state of New Jersey without giving any notification at all to your tenant.
Who: To legally begin the eviction process, you must first serve this Notice to Cease to the tenant who is in violation of the lease or who is exhibiting disorderly conduct that disturbs the neighbors or other tenants. This notification will not be given to tenants who are in violation of the lease or rental agreement due to non-payment.
What: The New Jersey Notice to Cease represents the tenant’s final chance to stop any and all violation(s) of the lease or rental agreement. If, after receiving this notice, the tenant stops all disorderly conduct and ceases to violate the lease or rental agreement, the landlord will not continue with the eviction process.
When: As landlord, you will serve the New Jersey Notice to Cease as a warning to your tenant(s) before you serve a Notice to Quit form. If the tenant does not cease violations, you may then serve a Notice to Quit before filing for eviction. In cases of nonpayment, the Notice to Cease is not a required step before proceeding with eviction.
Important Note: In the state of New Jersey, if you have a tenant who fails to pay rent, you may take immediate legal action to have that tenant evicted from your property. In cases of nonpayment, you are not required to give the tenant notice before you file for eviction except, as we have stated, in cases where the property is federally subsidized housing.