Can a Landlord Break a Lease in New Jersey?
The New Jersey landlord and tenant laws concerning terminating a lease differ from most other states. As a landlord, you cannot end a lease simply because you want a tenant to move. You do, however, have some options if the tenant has not lived up to his end of the lease agreement. You also have the right to change the terms of the lease when it comes time to renew.
Landlord Rights During a Lease
If your tenant breaks the terms of the lease, or causes serious problems while living at your property, you can file a complaint against her in a local court. A complaint is the first step of the eviction process in New Jersey. Common reasons to file a complaint include nonpayment of rent, habitual late payment of rent, damage caused by the tenant to your property, continual disturbance of other tenants by the tenant or conviction of the tenant for a drug offense. If the tenant does not break the terms of the lease, you cannot file a complaint or attempt to evict her.
Landlord Rights at the End of a Lease
Under New Jersey law, you cannot evict a tenant in good standing, and you must offer to renew the lease agreement when it expires. You do not have the option to refuse to renew a lease for a good tenant. However, you can increase the rent or change the terms of the lease after it expires. Any rent increases must be in reasonable amounts, and must abide by rent control guidelines if you rent in a city with rent-control laws. If you are making a change to your lease agreement, you must first notify the tenant in writing.
The Eviction Process
If the tenant's misconduct justifies breaking the lease, you must file a complaint with the Office of the Clerk of the Special Civil Part in your local court. The court clerk will set a court date. You must appear in person at your court date, whether the tenant appears or not. If the judge decides in your favor, he will issue a warrant for possession. After you obtain a warrant for possession, you can break the lease and force the tenant to move.
Considerations
Do not attempt to evict the tenant yourself, without going through the legal process. If you evict a tenant illegally, the tenant could file a court case against you, and a judge may allow the tenant to re-enter the rental unit and award the tenant monetary damages.
When you complete a lease renewal, make sure any rental increase or change in policy is reasonable for the tenant. Under the New Jersey landlord and tenant laws, it is illegal for you to create an untenable rental agreement, such as doubling the rent, in order to force a tenant out of the property.
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