Do you need to evict a Section 8 tenant in New Jersey?
A landlord can evict a Section 8 tenant in New Jersey. The landlord must prove good cause and follow strict state and federal procedure procedures. The process includes serving required notices, filing in the Special Civil Part, attending court for settlement or trial, obtaining a judgment for possession and warrant of removal, and tenant lockout.
This guide is for New Jersey landlords and property managers dealing with disorderly conduct, delinquent rent, or other breaches of lease by Section 8 tenants.
Call (201) 627-2457 or visit our Contact Us today for help with a Section 8 eviction.
How to Evict a Section 8 Tenant in New Jersey
Landlords can evict Section 8 tenants but must follow both New Jersey eviction law and U.S. Department of Housing and Urban Development (“HUD”) program requirements. Most New Jersey landlords mean the Housing Choice Voucher program when they say “Section 8.” HUD funds the program and a local Public Housing Authority (“PHA”) administers the voucher. The tenant has lease with the landlord and the PHA signs a Housing Assistance Payments (“HAP”) contract with the landlord.
Step 1: Confirm the “Cause of Action”
The first step is to determine whether the facts present a valid eviction case. This means establishing good cause under state and federal law.
“Good cause” is required under New Jersey law
The New Jersey Anti-Eviction Act requires a landlord to establish one of the statutory grounds for good cause. SeeN.J.S.A. 2A:18-61.1 (grounds) and N.J.S.A. 2A:18-61.2 (notice requirements). The Act applies to rental units besides owner occupied buildings with 1-2 units.
Strict compliance with the statute is essential to winning an eviction case. See J. Allen Nimmo Apartments v. Martinez, A-1337-23 (N.J. Super. Ct. App. Div. Nov. 21, 2024) (“A judgment for possession may not be entered unless the landlord demonstrates strict compliance . . . including all notice provisions, traditionally has been a jurisdictional prerequisite for a dispossession action.”)
Common “good cause” grounds under the Anti-Eviction Act includes:
- Nonpayment of rent (N.J.S.A. 2A:18-61.1(a))
- Habitual late payment of rent (N.J.S.A. 2A:18-61.1(j))
- Disorderly conduct disrupting others’ peace and quiet (N.J.S.A. 2A:18-61.1(b))
- Willful or grossly negligent damage to the premises (N.J.S.A. 2A:18-61.1(c))
- Substantial violation of landlord’s rules and regulations (N.J.S.A. 2A:18-61.1(d))
- Substantial breach of lease covenants/agreements (N.J.S.A. 2A:18-61.1(e))
“Good cause” Must Also Exist Under Federal Law
Landlords must prove not only a state-law grounds for eviction, but also a federal “good cause” to terminate a Section 8 tenancy. Federal law requires that, during the term of the lease, an owner may not terminate the tenancy except for:
- serious or repeated lease violations;
- violation of applicable federal, state, or local law;
- other good cause (examples include failure to accept a new lease/revision, repeated disturbance/destruction, owner personal/family use, sale/renovation, or other business/economic reasons)
See 42 U.S.C. § 1437f(o)(7)(C); 24 C.F.R. § 982.310(a).
Federal law also includes grounds related drug-related criminal activity, violent criminal activity, threats to others’ health/safety/peaceful enjoyment, and “fugitive felon/parole violator” grounds.
Step 2: Serve Notices to Tenant and Public Housing Authority
A notice is a formal written communication that informs a tenant of a specific legal issue, such as a lease violation or termination of tenancy, and explains what action is required and by when. New Jersey evictions require strict notice compliance. Proper timing, number and content of notices depends on reason eviction.
Timing and Number of Notices
Notice requirements for most New Jersey evictions for most tenants are under the Anti-Eviction Act.
Here are the requirements for the most common types of evictions:
- Nonpayment of rent: No Notice to Quit required; you can generally file once rent is due and unpaid.
- Disorderly conduct: 3-day Notice to Quit before filing.
- Willful destruction/damage: 3-day Notice to Quit before filing.
- Breach of covenant/lease term: Notice to Cease first; if continued/repeated, 1-month Notice to Quit before filing.
- Failure to pay a lawful rent increase: 1-month Notice to Quit before filing (after the increase is properly noticed).
- Owner/buyer personal occupancy (3 or less units): Where owner of a building with 3 units or less seeks to personally occupy the unit, or has a contract to sell to a buyer who will personally occupy after closing: 2-month Notice to Quit, and no court action until the lease expires.
Section 8 rules require notices to be served on tenants and the applicable Public Housing Authority. Failure to serve the PHA will result in dismissal of the case.
According to Riverview Towers Associates v. Jones, 358 N.J. Super. 85 (App. Div. 2003):
Like our state law, the federal statutes and attendant regulations reflect that the stern remedy of dispossession should be available to the landlord only when the landlord has afforded the tenant all the required pre-eviction statutory and regulatory protections. Based on the landlord’s failure to comply with the HUD lease termination notice requirements, the trial court lacked jurisdiction to enter the judgments of possession. Accordingly, we reverse and vacate the judgments of possession previously entered against these tenants.
Content of Section 8 Notices and Forms
Landlords often seek standard Section 8 eviction notice templates such as a Section 8 Notice to Vacate, Notice to Quit, or Notice for Possession.
There is no single “Section 8” form that works for every eviction. The notices must match the statutory ground, states specific facts, and be served properly.
Best practices for Section 8 eviction notices include:
- Identify the correct statutory ground for the eviction
- State specific facts (dates, conduct, lease provisions violated)
- Separate the tenant rent portion from the subsidy portion
- Cite relevant lease clauses or legal authority
- Use proper service methods with proof of delivery
- Send copies to the Public Housing Authority
Step 4: File Eviction Complaint in Special Civil Part
Landlord-tenant eviction cases in New Jersey are typically filed in the Special Civil Part of the Superior Court in the county where the rental property is located. Once filed, the court issues a Tenancy Summons and assigns a trial date typically between 2 to 8 weeks. Unlike other civil cases, tenants do not file written answers; instead, defenses are raised at the court appearance.
Your filing package will generally include the following documents:
- Verified Complaint. This is the core pleading. It must correctly identify all landlords and tenants, state the specific statutory ground for eviction, and set forth the supporting facts supporting. In Section 8 cases, the complaint should clearly distinguish between the tenant’s portion of the rent and the subsidized portion.
- Tenancy Summons and Return of Service. The summons is served upon the tenant to notify of the trial date and the nature of the case.
- Case Information Statement (CIS). Administrative form to track the case.
- Lease and Relevant Addenda. Attach the current lease, the HUD tenancy addendum, and any relevant rules or rider provisions relied upon in the eviction
- Required Notices and Proof of Service. If the eviction ground requires a Notice to Cease and/or Notice to Quit, copies must be attached along with proof showing when and how they were served.
- Proof of Service on the Public Housing Authority. In Section 8 voucher cases, federal law requires landlords to provide the PHA with a copy of any eviction notice and the complaint at or before the time the tenant is served.
Step 5: Court Appearance
When you appear in landlord-tenant court, expect a calendar call rather than an immediate trial. The judge or court staff will call the cases, confirm appearances, and often direct the parties to discuss settlement or mediation.
Settlement/Mediation
Settlement and mediation are ways to resolve an eviction case without a trial. They typically occur after or before the calendar call on the same day as the hearing.
Settlement means the landlord and tenant voluntarily agree on terms to end or continue the tenancy, usually memorialized in a written or on-the-record agreement.
Mediation is a facilitated negotiation, typically conducted by a court-appointed mediator or judge, where a neutral third party helps both sides explore whether a resolution is possible.
If the parties reach an agreement, it is typically entered as a consent judgment or written settlement placed on the court record. These agreements often include payment plans, compliance deadlines, or “pay and stay” terms that allow the tenant to remain so long as conditions are met. The case proceeds to trial if no agreement is reached.
Default
Tenants that fail to appear often are marked for default.
Default means the court treats the tenant as having not contested the eviction, allowing the landlord to proceed without the tenant’s testimony. The judge may review the landlord’s proofs and, if satisfied, enter a default judgment for possession in favor of the landlord.
A default is not always the end of the matter. Tenants can file a motion to vacate the default by claiming improper notice – particularly relevant in Section 8 cases with enhanced notice requirements.
Trial: Summary Proceeding
The case proceeds to trial if mediation/settlement are not successful.
Trials in New Jersey landlord-tenant court are “summary proceedings”. A summary proceeding is fast and limited in scope. There is no jury and discovery, and the court only decides whether the tenant should be removed.
The judge will hear brief testimony from the landlord (or property manager) and the tenant, review documents, and issue a decision. Landlords must prove to succeed to trial:
- legal grounds for removal of the tenant;
- correct notices were served,
- compliance with Section 8 requirements.
Step 6: Obtain a judgment for possession
A judgment of possession is the ruling from the judge that the landlord has proven the case for eviction. The judgment of possession allows the eviction to move forward to the final enforcement stage.
The judgment of possession is usually entered at the end of a successful trial, by default if the tenant fails to appear, or as part of a consent judgment following settlement/mediation.
Step 7: Warrant of Removal: Final Court Authorization
After a judgment of possession is entered, the landlord must take an additional step to enforce it by requesting a warrant of removal from the court. The warrant of removal is the document that authorizes a court officer to physically remove the tenant.
In nonpayment eviction cases, New Jersey law gives tenants a limited post-warrant cure period even after a lockout has occurred. Under N.J.S.A. 2A:42-10.16a, a tenant has three business days after a warrant of removal is posted or a lockout is executed to pay all rent due and owing. If the tenant pays in full within that window, the landlord must accept the payment and notify the court and the eviction case will be dismissed.
Step 8: Tenant Lockout
If the tenant does not vacate by the scheduled date, a Special Civil Part officer or court-appointed constable conducts the lockout. The officer will return to the property, remove the tenant if necessary, and restore possession to the landlord.
Landlords should never conduct the lockout themselves. Any attempt by a landlord to change locks, remove belongings, shut off utilities, or otherwise force the tenant out of the premises is illegal. See NJSA 2A:39-1 (“No person lawfully or peaceably entering upon or into any real property shall hold or keep the same with force; and whatever words or circumstances, conduct or actions, as will make an entry forcible under this chapter shall also make a detainer forcible.”)
The landlord does not gain ownership of the tenant’s personal property simply because the lockout occurs. Any personal belongings left behind must be handled in accordance with New Jersey’s abandoned property law.
Frequently Asked Questions
How long does it take to evict a Section 8 tenant?
The timeline for evicting a Section 8 tenant depends on the required notice period, the court’s scheduling, and whether the tenant requests additional time. After the complaint is filed and served, the earliest trial date is typically scheduled at least 21 days after service of the summons, giving the tenant time to respond and appear. If the landlord prevails at trial, the judgment does not result in immediate removal. The timeline can extend further if the tenant applies for extra time, seeks a hardship stay, files an application to vacate a default, or exercises post-judgment payment rights in a nonpayment case.
Section 8 Eviction Rules
Start with New Jersey’s “good cause” statute for covered residential tenants under the Anti-Eviction Act and other New Jersey eviction laws. Then apply federal requirements. HUD requires a written notice stating the grounds and the landlord to provide the PHA a copy of any eviction notice. Only a Special Civil Part officer can execute the eviction, and self-help is illegal.
How hard is it to eviction a Section 8 Tenant?
Evicting a Section 8 tenant is not harder because of the voucher, but because the margin for procedural error is small. Landlords must comply with both New Jersey’s Anti-Eviction Act and federal “good cause” rules, along with added notice requirements such as serving the Public Housing Authority. Owners who proceed on their own are often less successful. Notices and complaints must be detailed, precise, and legally grounded. An attorney experienced with Section 8 and HUD-subsidized tenancies, not just general evictions, can significantly reduce risk.
Do I have to notify the PHA of the eviction?
HUD requires the owner to give the Public Housing Authority a copy of any eviction notice and complaint.
What are reasons to evict a Section 8 tenant?
Landlords generally must prove an Act-based “good cause” ground defined in the New Jersey Anti-Eviction Act (e.g., nonpayment, serious lease violations, damage, or criminal/illegal conduct), however, the Act doesn’t apply to owner-occupied 1–2 unit properties. Under federal Section 8 voucher rules, a landlord may terminate during the lease term only for serious/repeated lease violations, violation of law tied to occupancy, or other good cause, and must also follow HUD notice rules.
Contact the Law Firm of Earl P. White
If you are a landlord, contact us today for assistance with matters related to New Jersey landlord-tenant law and Section 8 compliance. We look forward to hearing from you.
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