The Different Type of Tenancies in New Jersey
The state of New Jersey recognizes three categories of tenants – commercial tenants and two categories of residential tenants. New Jersey statute N.J.S.A 2A:18-53A generally addresses tenants that occupy owner-occupied premises where there are no more than two rental units in addition to the one in which the owner resides. Those tenants have far fewer rights than the majority of tenants – those who fall under N.J.S.A 2A:18-61.1. That statute is called the Anti-Tenancy Eviction statute, and for very good reason. The essential purpose of that statute is to protect tenants from unwarranted evictions.
In the first category – the owner-occupied tenancies – the landlord can simply terminate a tenancy once the lease has completed. In the case of a month-to-month tenancy, the landlord can serve a 30-day notice and terminate the tenancy. Under the Anti-Tenancy Eviction statute, however, so long as the tenant pays rent and does not violate the terms of the lease, they cannot be evicted. In other words, the mere fact that a landlord simply doesn’t like the tenant and doesn’t want to continue to be their landlord is not a reason to evict the tenant. The tenant can only be evicted for just cause – and that’s going to be a violation of the lease or failure to pay rent.