SENATE, No. 2246

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED SEPTEMBER 13, 2010

 


 

Sponsored by:

Senator  NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

Senator  ANTHONY R. BUCCO

District 25 (Morris)

 

 

 

 

SYNOPSIS

     Requires conclusion of eviction proceedings for nonpayment of rent not later than 30th day following service of complaint on tenant.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning certain residential evictions and amending N.J.S.2A:18-53 and P.L.1974, c.49.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  N.J.S.2A:18-53 is amended to read as follows:

     2A:18-53.  Except for residential lessees and tenants included in section 2 of [this act] P.L.1974, c.49 (C.2A:18-61.1), any lessee or tenant at will or at sufferance, or for a part of a year, or for one 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, in which case the matter shall be heard and a judgment for possession shall be granted or denied on or before the 30th day following service of the complaint on the tenant for eviction for nonpayment of rent.  This time may be extended for good cause upon the consent of the landlord.

     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 three 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.

(cf:  P.L.1991, c.91, s.64)

 

     2.  Section 3 of P.L.1974, c.49 (C.2A:18-61.2) is amended to read as follows:

     3.  No judgment of possession shall be entered for any premises covered by section 2 of [this act] P.L.1974, c.49 (C.2A:18-61.1), except in the nonpayment of rent under subsection a. or f. of section 2, unless the landlord has made written demand and given written notice for delivery of possession of the premises.  The following notice shall be required:

     a.  For an action alleging disorderly conduct under subsection b. of section 2, or injury to the premises under subsection c. of section 2, or any grounds under subsection m., n., o. or p. of section 2, three days' notice prior to the institution of the action for possession;

     b.  For an action alleging continued violation of rules and regulations under subsection d. of section 2, or substantial breach of covenant under subsection e. of section 2, or habitual failure to pay rent, one month's notice prior to the institution of the action for possession;

     c.  For an action alleging any grounds under subsection g. of section 2, three months' notice prior to the institution of the action;

     d.  For an action alleging permanent retirement under subsection h. of section 2, 18 months' notice prior to the institution of the action and, provided that, where there is a lease in effect, no action may be instituted until the lease expires;

     e.  For an action alleging refusal of acceptance of reasonable lease changes under subsection i. of section 2, one month's notice prior to institution of action;

     f.  For an action alleging any grounds under subsection l. of section 2, two months' notice prior to the institution of the action and, provided that where there is a written lease in effect no action shall be instituted until the lease expires;

     g.  For an action alleging any grounds under subsection k. of section 2, three years' notice prior to the institution of action, and provided that where there is a written lease in effect, no action shall be instituted until the lease expires;

     h.  In public housing under the control of a public housing authority or redevelopment agency, for an action alleging substantial breach of contract under paragraph (2) of subsection e. of section 2, the period of notice required prior to the institution of an action for possession shall be in accordance with federal regulations pertaining to public housing leases.

     The notice in each of the foregoing instances shall specify in detail the cause of the termination of the tenancy and shall be served either personally upon the tenant or lessee 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, or by certified mail; if the certified letter is not claimed, notice shall be sent by regular mail.

     In the case of a complaint for eviction filed for the nonpayment of rent under subsections a. or f. of section 2 of P.L.1974, c.49 (C.2A:18-61.1), the matter shall be heard and a judgment for possession shall be granted or denied on or before the 30th day following service of the complaint on the tenant for eviction for nonpayment of rent.  This time may be extended for good cause upon the consent of the landlord.

(cf: P.L.1997, c.228, s.2)

 

     3.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires that any action for the eviction of a tenant for nonpayment of rent shall be heard, and a judgment for possession shall be granted or denied, on or before the 30th day following service of the complaint on the tenant for eviction for nonpayment of rent.  An extension of the 30-day time period may be granted for good cause, but only upon the consent of the landlord.