Newark, NJ asked in Landlord - Tenant for New Jersey

Q: My landlord is kicking me out of my apartment to give it to his daughter; how do I proceed in taking legal action?

Hello, I live in New Jersey. My landlord handed me a letter yesterday, October 5th, telling me to vacate my apartment by November 1st. The reason is because he wants to give my place to his daughter. According to my research online, it is against the law to evict a tenant without a good cause. Do I have a strong case? If so, how do I proceed in taking legal action? Thank you for your help.

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1 Lawyer Answer
Marcel Wurms
Marcel Wurms
Answered
  • Landlord Tenant Lawyer
  • Lodi, NJ
  • Licensed in New Jersey

A: You have a good case, for now. It depends upon whether you live in an owner occupied, three or less family home. If so, the owner can evict you for no reason with one month's notice (or more, if you have a lease). If not, then the owner can't evict you, unless he has cause under the Anti Eviction Act. (Wanting his daughter to live there is not good cause. If he wanted to live there, then it would be good cause, but would require two months' notice, which would take you to January 1.)

At a minimum, the earliest you would be required to leave would be December 1, since the notice was inadequate.

You should see a lawyer ASAP.

Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An attorney should be contacted for specific legal advice. Any advice given here does not create an attorney-client relationship.

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