Landlord Tenant Law - Eviction Defense: Improper or No Notice
A tentant may prevent an eviction if the landlord did not give proper notice to cease and/or a proper notice to quit before the eviction law suit. These notices must specific and describe the conduct that is causing eviction and give you the correct amount of time before going to court.
Landlords must “strictly comply” with notice requirements and, if they do not, the eviction action may be dismissed. However, the landlord does not have to give you any notice to evict you for nonpayment of rent. See N.J.S.A. 2A:18-61.2.
The following are common examples of improper notices:
- Receiving a Notice to Quit demanding that you have to move for playing loud music at night. You did not receive a Notice to Cease first. The notice is improper because you must receive both notices in their correct order.
- Receiving a Notice to Cease that demands you to stop playing loud music at night. The landlord then sends a Notice to Quit demanding you to move because you have too many visitors. The notice is improper because the notice to quit must relate to the same type of conduct complained about in the notice to cease.
- On April 30, your landlord sends you a Notice to Quit stating that you must leave your apartment in one month, or by May 30, because she claims that you have not obeyed a Notice to Cease, which told you to stop violating the rules in your lease. The landlord does not wait until May 30 to start the eviction case. This notice is improper because you did not get the full one-month notice to quit. The landlord cannot start the eviction case until the time stated in the notice to quit has run out.
- You receive a Notice to Quit that tells you to move because you broke one of the rules in the lease. The Notice does not describe the specific rule that you broke and specifically what you did to break the rule. This notice is improper because the notice must tell you exactly what rules were broken and how you broke them (dates, times, description). See A.P. Development Corp. v. Band, 113 N.J. 485 (1988).
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