[NJ] [NJ] Can I lawfully remove a tenant to sell my home?
Hello I have a tenant in New Jersey. She has no lease—expired. I’m selling the house. I also sent her a letter to vacate and gave her 45 days’ notice.
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Since I did not see any further info posted, I’ll 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
- 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)—one of the few valid reasons to evict a holdover tenant. The contract of sale must require vacancy at closing, and you must provide at least 60 days’ written notice before filing. Since you gave 45 days, you may need to extend the notice to meet the legal minimum.
- File for Eviction if Necessary: If the tenant does not vacate, file a Verified Complaint for Possession in the Special Civil Part (attach the Notice to Quit, proof the lease expired, and the sale contract showing buyer’s intent to occupy). The court will issue a summons and set a hearing.
- Consider “Cash for Keys”: Offering relocation assistance can be faster and cheaper than litigation. Put it in writing with a firm move-out date, condition terms, and key return.
Hope I have answered your question. Thank you for allowing me to assist you. Have a nice day!
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Full Conversation
Hello I have a tenant in New Jersey. She has no lease—expired. I’m selling the house. I also sent her a letter to vacate and gave her 45 days’ notice.
Lexi, Chatbot
I understand the situation with your tenant in New Jersey. Have you had any communication with the tenant regarding vacating the property after the 45-day notice?
No.
Lexi, Chatbot
Has the tenant responded to your letter to vacate, and if so, what was their response?
No, she hasn’t.
Lexi, Chatbot
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.
Lori
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?
Lori
Since I did not see any further info posted, I’ll 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
- 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)—one of the few valid reasons to evict a holdover tenant. The contract of sale must require vacancy at closing, and you must provide at least 60 days’ written notice before filing. Since you gave 45 days, you may need to extend the notice to meet the legal minimum.
- File for Eviction if Necessary: If the tenant does not vacate, file a Verified Complaint for Possession in the Special Civil Part (attach the Notice to Quit, proof the lease expired, and the sale contract showing buyer’s intent to occupy). The court will issue a summons and set a hearing.
- Consider “Cash for Keys”: Offering relocation assistance can be faster and cheaper than litigation. Put it in writing with a firm move-out date, condition terms, and key return.
Hope I have answered your question. Thank you for allowing me to assist you. Have a nice day!
Lori
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