Short answer
For a building with three residential units or less, the Anti-Eviction Act allows eviction when the owner has contracted to sell to a buyer who will personally occupy the unit and the contract calls for it to be vacant at closing. A notice to quit must go out at least two months before suit, and not before the lease expires.
The rule in the bulletin
The Department of Community Affairs bulletin describes the ground this way: the owner of a building with three residential units or less may file for eviction if the owner 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. A notice to quit must be served on the tenant at least two months before filing suit, and no legal action may be taken until the lease expires.
Condominiums and cooperatives
The bulletin has parallel language for condominium or cooperative units. For an owner of three or fewer condominium or cooperative units, with a tenant whose tenancy began after the master deed or cooperative agreement was recorded, the same two-month notice to quit applies, and no action may proceed until the lease expires. For buildings being converted, the bulletin says the tenant must also have been given a statement that the property is being converted.
What the notice has to do
The bulletin says each cause except nonpayment of rent must be described in detail in a written notice to the tenant, and that a notice to quit is required for all good cause evictions other than nonpayment. A notice to quit ends the tenancy on paper but does not itself require the tenant to leave. The landlord must still go to court and win a judgment for possession before the tenant must move.
After the judgment
If the court grants a judgment for possession, the landlord can apply to the Clerk of the Special Civil Part for a warrant for possession, which may not be issued until three business days after the judgment. The tenant then has three business days to move out after the warrant is served. The bulletin adds that a tenant can ask the court for permission to stay for special difficulties, up to six months, if rent due is paid.
Timing a sale around the notice
A contract that requires a vacant unit can fail if the timeline is not met. Put the buyer's occupancy and the notice dates in the contract and ask your attorney to review them. 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. Ask your attorney whether a sale with the tenant staying makes sense for you.