How property owners can remove Occupants who are not tenants in New Jersey
If there is no Landlord and Tenant relationship, New Jersey property owners may need to file ejectment proceedings to remove Occupants who are not tenants. Ejectment proceedings may be filed pursuant to N.J.S.A. 2A:35-1 et seq or N.J.S.A. 2A:39-1 et seq.
Send Notice to Vacate premises to Occupant(s).The initial step is to send a written Notice to Vacate premises to the Occupant(s). The Owner should send the Notice to Vacate with proof of mailing and keep a record of any reply received in reply to the notice. If the ejectment case proceeds to trial, the Court will inquire as to whether Notice to Vacate was tendered and whether the Owner received a reply from whomever is in the premises.
After notice is given, a Verified Complaint must be filed with the Court.A Verified Complaint in support of Order to Show Cause must be filed with the Court, namely the New Jersey Special Civil Part. Attach any relevant exhibits to the Complaint. The Court will sign an Order to Show Cause with hearing date. Said Order with Complaint and other papers must be served on the squatter or occupant(s) and proof of service filed with the Court. Assuming relief is granted at trial, the Court will sign an Order for Possession. Thereafter, the owner must file a Writ of Possession and have it served on the Occupant(s). The Court generally allows a limited to serve and execute the writ of possession, so do not delay in serving and executing the writ.