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Commercial/Nonresidential Eviction Toolkit (NJ)
Practical Law Toolkit w-016-8326 (Approx. 6 pages)
Commercial/Nonresidential Eviction Toolkit (NJ)
by Practical Law Real Estate
| Maintained • New Jersey |
Resources to assist counsel to landlords and tenants understand all stages of the eviction process for nonresidential (including commercial) tenancies in New Jersey. New Jersey's summary dispossession statutes govern the eviction process for nonresidential tenancies. This Toolkit contains many guidance documents and standard forms for use at all stages of the nonresidential eviction process.
Evicting a nonresidential tenant in New Jersey is often a complex, lengthy process that combines litigation practice with real estate concepts and procedures. New Jersey's general eviction statutes govern the eviction of all nonresidential tenancies (N.J.S.A. 2A:18-53 to 2A:18-61). New Jersey's Anti-Eviction Act governs the eviction of all residential tenancies with certain exceptions (N.J.S.A. 2A:18-61.1 to 2A:18-61.12).
Tenancies not covered by the Anti-Eviction Act are collectively referred to as nonresidential, including:
- Commercial tenancies.
- Residential tenancies in owner-occupied premises having no more than two rental units (containing three rental units total, one of which is occupied by the owner) and other residential tenants excluded from the Anti-Eviction Act.
- Tenancies under farm leases.
A New Jersey landlord seeking to evict a nonresidential tenant and regain possession of the leased premises must file a summary dispossession action (eviction). Unless the lease agreement states otherwise, the landlord may only evict a nonresidential tenant based on one or more of the statutory grounds for eviction. (N.J.S.A. 2A:18-53.)
This Toolkit identifies continuously maintained Practice Notes, Standard Documents, Checklists, and a Toolkit to help counsel for landlords and tenants manage the nonresidential eviction process from the initial stages through the judgment of possession, warrant of removal, and post-judgment relief.
For a collection of resources to help counsel with the residential eviction process in New Jersey, see Residential Eviction Toolkit (NJ).