March 9, 2023
In New Jersey, landlords of residential rental properties in owner-occupied two or three family dwellings are exempt from certain provisions of the Anti-Eviction Act. The Rent Security Deposit Act defines "owner-occupied premises" as rental premises that may consist of one or more buildings containing.
Landlords of owner-occupied properties with two or fewer rental units and seasonal tenants can use the Summary Dispossess Act to evict tenants with one month's written notice after the lease expires. A recent court case clarified that "owner-occupied premises" includes all properties in which the landlord and tenant share the same property, not just the same building. After the notice period, if the tenant remains on the property, the landlord can file a summary dispossess action in court to evict the tenant. It is important to note that landlords cannot do self-help eviction, which is illegal in New Jersey.