Written By Stefany Perez, Certified HUD Housing Counselor
New Jersey has some of the strongest tenant protections in the country. One of the most important right every tenant should know is that only a judge can evict you in New Jersey!
A landlord cannot evict a tenant on their own, even if they believe they have a valid reason. An eviction can only happen after a judge issues a judgment for possession and a court officer carries out the removal. No other person, including a landlord, superintendent, property manager, or even local police, can legally force you out.
New Jersey’s Anti-Eviction Act protects most tenants from being removed without “good cause.” Legal reasons may include non-payment of rent, disorderly conduct, or a landlord’s intent to permanently retire a property from residential use. But even with good cause, the landlord must:
1. Provide proper notices
2. File a case in court
3. Appear before a judge
4. Obtain a judgment for possession
5. Have a court officer perform the eviction
Until these steps occur, you are legally allowed to remain in your home. Even if a landlord lives in the property, such as a two or three family home, there is still a specific procedure and court process required to remove a tenant. While certain owner-occupied buildings are exempt from parts of the Anti-Eviction Act, they are not exempt from the legal eviction process. No landlord, in any type of building, can legally lock out or force out a tenant without going through court.
If a landlord changes the locks, removes belongings, shuts off utilities, or prevents access to the home without going through the court process, it is considered an illegal lockout. Tenants have the right to call the police and request assistance to re-enter, file an emergency illegal-lockout complaint in court, and seek legal remedies for possible damages. No matter the situation, tenants cannot be legally removed without a judge’s order.
If you or someone you know receives a removal notice or feels pressured to leave, reach out to The Waterfront Project for help. You do not need to face your housing issues alone.