Short answer
A landlord needs good cause, then usually a notice, then a complaint filed with the Special Civil Part. Only a court judgment for possession lets the landlord proceed, and a warrant for possession may not issue until three business days after the judgment. The tenant then has three business days to move.
Good cause and notice
The Department of Community Affairs says a landlord must have good cause to evict, and the landlord must prove the grounds in court. Each cause except nonpayment of rent must be described in detail in a written notice. A notice to quit is required for all good cause evictions except nonpayment. For nonpayment, the landlord may take legal action immediately, though a 14-day notice is required first if the tenant lives in federally subsidized housing. Notice periods vary by cause, from three days to months or years.
Filing and the hearing
A complaint is filed with the Clerk of the Special Civil Part in the county where the rental is. Both landlord and tenant must come to the hearing. If the landlord or the attorney does not come, the complaint may be dismissed. If the tenant does not come, a default judgment may be entered, allowing the landlord to evict. The bulletin I reviewed was updated in February 2008, so confirm current court procedures with the Judiciary.
Judgment and warrant
If the landlord wins a judgment for possession, the landlord may apply for a warrant for possession, which cannot be issued until three business days after the judgment. The tenant then has three business days to move all persons and belongings after the warrant is served. If the tenant stays, a court officer can carry out the eviction. The landlord must apply for the warrant within 30 days of the judgment unless a court order or signed agreement stops it.
What is not allowed
The bulletin says self-help evictions and lockouts by a landlord are illegal in New Jersey, including padlocking the door, changing locks or shutting off utilities to force a tenant to move. A landlord who refuses to let a tenant back in after police warnings may be charged with a disorderly person's offense. Only a judge can order a legal eviction. After an eviction, the landlord must let the tenant remove belongings and cannot keep them.
If you want the property sold, not the fight
Landlords with a nonpaying or difficult tenant sometimes decide to sell instead. Kaizen Home Buyers makes cash offers on New Jersey houses as-is, with no repairs and no agent commission. We can give an offer within 24 hours and close in 14 to 30 days or on the date you choose. Call 267-329-0084. A sale does not remove the tenant's rights, so involve your attorney. Listing with an agent is another path.