No lessee or tenant or the
assigns, under-tenants or legal representatives of
such lessee or tenant may be removed by the Superior
Court from any house, building, mobile home or land
in a mobile home park or tenement leased for
residential purposes, other than (1) owner-occupied
premises with not more than two rental units or a
hotel, motel or other guest house or part thereof
rented to a transient guest or seasonal tenant; (2)
a dwelling unit which is held in trust on behalf of
a member of the immediate family of the person or
persons establishing the trust, provided that the
member of the immediate family on whose behalf the
trust is established permanently occupies the unit;
and (3) a dwelling unit which is permanently
occupied by a member of the immediate family
of the owner of that unit, provided, however, that
exception (2) or (3) shall apply only in cases in
which the member of the immediate family has a
developmental disability, except upon establishment
of one of the following grounds as good cause:
a. The person fails to pay rent due and owing under
the lease whether the same be oral or written;
provided that, for the purposes of this section, any
portion of rent unpaid by a tenant to a landlord but
utilized by the tenant to continue utility service
to the rental premises after receiving notice from
an electric, gas, water or sewer public utility that
such service was in danger of discontinuance based
on nonpayment by the landlord, shall not be deemed
to be unpaid rent.
b. The person has continued to be, after written
notice to cease, so disorderly as to destroy the
peace and quiet of the occupants or other tenants
living in said house or neighborhood.
c. The person has willfully or by reason of gross
negligence caused or allowed destruction, damage or
injury to the premises.
d. The person has continued, after written notice to
cease, to substantially violate or breach any of the
landlord's rules and regulations governing said
premises, provided such rules and regulations are
reasonable and have been accepted in writing by the
tenant or made a part of the lease at the beginning
of the lease term.
e. (1) The person has continued, after written
notice to cease, to substantially violate or breach
any of the covenants or agreements contained in the
lease for the premises where a right of reentry is
reserved to the landlord in the lease for a
violation of such covenant or agreement, provided
that such covenant or agreement is reasonable and
was contained in the lease at the beginning of the
lease term.
(2) In public housing under the control of a public
housing authority or redevelopment agency, the
person has substantially violated or breached any of
the covenants or agreements contained in the lease
for the premises pertaining to illegal uses of
controlled dangerous substances, or other illegal
activities, whether or not a right of reentry is
reserved to the landlord in the lease for a
violation of such covenant or agreement, provided
that such covenant or agreement conforms to federal
guidelines regarding such lease provisions and was
contained in the lease at the beginning of the lease
term.
f. The person has failed to pay rent after a valid
notice to quit and notice of increase of said rent,
provided the increase in rent is not unconscionable
and complies with any and all other laws or
municipal ordinances governing rent increases.
g. The landlord or owner (1) seeks to permanently
board up or demolish the premises because he has
been cited by local or State housing inspectors for
substantial violations affecting the health and
safety of tenants and it is economically unfeasible
for the owner to eliminate the violations; (2) seeks
to comply with local or State housing inspectors who
have cited him for substantial violations affecting
the health and safety of tenants and it is
unfeasible to so comply without removing the tenant;
simultaneously with service of notice of eviction
pursuant to this clause, the landlord shall notify
the Department of Community Affairs of the intention
to institute proceedings and shall provide the
department with such other information as it may
require pursuant to rules and regulations. The
department shall inform all parties and the court of
its view with respect to the feasibility of
compliance without removal of the tenant and may in
its discretion appear and present evidence; (3)
seeks to correct an illegal occupancy because he has
been cited by local or State housing inspectors or
zoning officers and it is unfeasible to correct such
illegal occupancy without removing the tenant; or
(4) is a governmental agency which seeks to
permanently retire the premises from the rental
market pursuant to a redevelopment or land clearance
plan in a blighted area. In those cases where the
tenant is being removed for any reason specified in
this subsection, no warrant for possession shall be
issued until P.L.1967, c. 79 (C.52:31B-1 et seq.)
and P.L.1971, c. 362 ( C.20:4-1 et seq.) have been
complied with.
h. The owner seeks to retire permanently the
residential building or the mobile home park from
residential use or use as a mobile home park,
provided this subsection shall not apply to
circumstances covered under subsection g. of this
section.
i. The landlord or owner proposes, at the
termination of a lease, reasonable changes of
substance in the terms and conditions of the lease,
including specifically any change in the term
thereof, which the tenant, after written notice,
refuses to accept; provided that in cases where a
tenant has received a notice of termination pursuant
to subsection g. of section 3 of P.L.1974, c. 49
(C.2A:18-61.2), or has a protected tenancy status
pursuant to section 9 of the "Senior Citizens and
Disabled Protected Tenancy Act," P.L.1981, c. 226
(C.2A:18-61.30), or pursuant to the "Tenant
Protection Act of 1992," P.L.1991, c. 509
(C.2A:18-61.40 et al.), the landlord or owner shall
have the burden of proving that any change in the
terms and conditions of the lease, rental or
regulations both is reasonable and does not
substantially reduce the rights and privileges to
which the tenant was entitled prior to the
conversion.
j. The person, after written notice to cease, has
habitually and without legal justification failed to
pay rent which is due and owing.
k. The landlord or owner of the building or mobile
home park is converting from the rental market to a
condominium, cooperative or fee simple ownership of
two or more dwelling units or park sites, except as
hereinafter provided in subsection l. of this
section. Where the tenant is being removed pursuant
to this subsection, no warrant for possession shall
be issued until this act has been complied with. No
action for possession shall be brought pursuant to
this subsection against a senior citizen tenant or
disabled tenant with protected tenancy status
pursuant to the "Senior Citizens and Disabled
Protected Tenancy Act," P.L.1981, c. 226
(C.2A:18-61.22 et al.), or against a qualified
tenant under the "Tenant Protection Act of 1992,"
P.L.1991, c. 509 (C.2A:18-61.40 et al.), as long as
the agency has not terminated the protected tenancy
status or the protected tenancy period has not
expired.
l. (1) The owner of a building or mobile home park,
which is constructed as or being converted to a
condominium, cooperative or fee simple ownership,
seeks to evict a tenant or sublessee whose initial
tenancy began after the master deed, agreement
establishing the cooperative or subdivision plat was
recorded, because the owner has contracted to sell
the unit to a buyer who seeks to personally occupy
it and the contract for sale calls for the unit to
be vacant at the time of closing. However, no action
shall be brought against a tenant under paragraph
(1) of this subsection unless the tenant was given a
statement in accordance with section 6 of P.L.1975,
c. 311 (C.2A: 18-61.9);
(2) The owner of three or less condominium or
cooperative units seeks to evict a tenant whose
initial tenancy began by rental from an owner of
three or less units after the master deed or
agreement establishing the cooperative was recorded,
because the owner seeks to personally occupy the
unit, or has contracted to sell the unit to a buyer
who seeks to personally occupy it and the contract
for sale calls for the unit to be vacant at the time
of closing;
(3) The owner of a building of three residential
units or less seeks to personally occupy a unit, or
has contracted to sell the residential unit to a
buyer who wishes to personally occupy it and the
contract for sale calls for the unit to be vacant at
the time of closing.
m. The landlord or owner conditioned the tenancy
upon and in consideration for the tenant's
employment by the landlord or owner as
superintendent, janitor or in some other capacity
and such employment is being terminated.
n. The person has been convicted of or pleaded
guilty to, or if a juvenile, has been adjudicated
delinquent on the basis of an act which if committed
by an adult would constitute an offense under the
"Comprehensive Drug Reform Act of 1987,"
N.J.S.2C:35-1 et al. involving the use, possession,
manufacture, dispensing or distribution of a
controlled dangerous substance, controlled dangerous
substance analog or drug paraphernalia within the
meaning of that act within or upon the leased
premises or the building or complex of buildings and
land appurtenant thereto, or the mobile home park,
in which those premises are located, and has not in
connection with his sentence for that offense either
(1) successfully completed or (2) been admitted to
and continued upon probation while completing, a
drug rehabilitation program pursuant to
N.J.S.2C:35-14; or, being the tenant or lessee of
such leased premises, knowingly harbors or harbored
therein a person who has been so convicted or has so
pleaded, or otherwise permits or permitted such a
person to occupy those premises for residential
purposes, whether continuously or intermittently,
except that this subsection shall not apply to a
person harboring or permitting a juvenile to occupy
the premises if the juvenile has been adjudicated
delinquent upon the basis of an act which if
committed by an adult would constitute the offense
of use or possession under the said act. No action
for removal may be brought pursuant to this
subsection more than two years after the date of the
adjudication or conviction or more than two years
after the person's release from incarceration
whichever is the later.
o. The person has been convicted of or pleaded
guilty to, or if a juvenile, has been adjudicated
delinquent on the basis of an act which if committed
by an adult would constitute an offense under
N.J.S.2C:12-1 or N.J.S.2C:12-3 involving assault, or
terroristic threats against the landlord, a member
of the landlord's family or an employee of the
landlord; or, being the tenant or lessee of such
leased premises, knowingly harbors or harbored
therein a person who has been so convicted or has so
pleaded, or otherwise permits or permitted such a
person to occupy those premises for residential
purposes, whether continuously or intermittently. No
action for removal may be brought pursuant
to this subsection more than two years after the
adjudication or conviction or more than two years
after the person's release from incarceration
whichever is the later.
p. The person has been found, by a preponderance of
the evidence, liable in a civil action for removal
commenced under this act for an offense under
N.J.S.2C:20-1 et al. involving theft of property
located on the leased premises from the landlord,
the leased premises or other tenants residing in the
leased premises, or N.J.S.2C:12-1 or N.J.S.2C:12-3
involving assault or terroristic threats against the
landlord, a member of the landlord's family or an
employee of the landlord, or under the
"Comprehensive Drug Reform Act of 1987,"
N.J.S.2C:35-1 et al., involving the use, possession,
manufacture, dispensing or distribution of a
controlled dangerous substance, controlled dangerous
substance analog or drug paraphernalia within the
meaning of that act within or upon the leased
premises or the building or complex of buildings and
land appurtenant thereto, or the mobile home park,
in which those premises are located, and has not in
connection with his sentence for that offense either
(1) successfully completed or (2) been admitted to
and continued upon probation while completing a drug
rehabilitation program pursuant to N.J.S.2C:35-14;
or, being the tenant or lessee of such leased
premises, knowingly harbors or harbored therein a
person who committed such an offense, or otherwise
permits or permitted such a person to occupy those
premises for residential purposes, whether
continuously or intermittently, except that this
subsection shall not apply to a person who harbors
or permits a juvenile to occupy the premises if the
juvenile has been adjudicated delinquent upon the
basis of an act which if committed by an adult would
constitute the offense of use or possession under
the said " Comprehensive Drug Reform Act of 1987."
q. The person has been convicted of or pleaded
guilty to, or if a juvenile, has been adjudicated
delinquent on the basis of an act which if committed
by an adult would constitute an offense under
N.J.S.2C:20-1 et al. involving theft of property
from the landlord, the leased premises or other
tenants residing in the same building or complex;
or, being the tenant or lessee of such leased
premises, knowingly harbors therein a person who has
been so convicted or has so pleaded, or otherwise
permits such a person to occupy those premises for
residential purposes, whether continuously or
intermittently.
For purposes of this section, (1) "developmental
disability" means any disability which is defined as
such pursuant to section 3 of P.L.1977, c. 82
(C.30:6D-3); (2) "member of the immediate family"
means a person's spouse, parent, child or sibling,
or a spouse, parent, child or sibling of any of
them; and (3) "permanently" occupies or occupied
means that the occupant maintains no other domicile
at which the occupant votes, pays rent or property
taxes or at which rent or property taxes are paid on
the occupant's behalf.
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