Except for residential lessees and
tenants included in section 2 of this act, [FN1] any
lessee or tenant at will or at sufferance, or for a
part of a year, or for 1 or more years, of any
houses, buildings, lands or tenements, and the
assigns, undertenants or legal representatives of
such tenant or lessee, may be removed from such
premises by the Superior Court, Law Division,
Special Civil Part in an action in the following
cases:
a. Where such person holds over and continues in
possession of all or any part of the demised
premises after the expiration of his term, and after
demand made and written notice given by the landlord
or his agent, for delivery of possession thereof.
The notice shall be served either personally upon
the tenant or such person in possession by giving
him a copy thereof or by leaving a copy of the same
at his usual place of abode with a member of his
family above the age of 14 years.
b. Where such person shall hold over after a default
in the payment of rent, pursuant to the agreement
under which the premises are held.
c. Where such person (1) shall be so disorderly as
to destroy the peace and quiet of the landlord or
the other tenants or occupants living in said house
or the neighborhood, or (2) shall willfully destroy,
damage or injure the premises, or (3) shall
constantly violate the landlord's rules and
regulations governing said premises, provided, such
rules have been accepted in writing by the tenant or
are made a part of the lease; or (4) shall commit
any breach or violation of any of the covenants or
agreements in the nature thereof contained in the
lease for the premises where a right of re-entry is
reserved in the lease for a violation of such
covenants or agreements, and shall hold over and
continue in possession of the demised premises or
any part thereof, after the landlord or his agent
for that purpose has caused a written notice of the
termination of said tenancy to be served upon said
tenant, and a demand that said tenant remove from
said premises within 3 days from the service of such
notice. The notice shall specify the cause of the
termination of the tenancy, and shall be served
either personally upon the tenant or such person in
possession by giving him a copy thereof, or by
leaving a copy thereof at his usual place of abode
with some member of his family above the age of 14
years.
|