State Specific Question About: NEW JERSEY (NJ)

I have a questions regarding the sending out of a certified Cease and Desist Notice. If the tenant does not pick up the certified notice and it's sent back to the sender, what action of recourse is there if you would want to send out a Notice to Quit?

Since a notice to Cease and Desist has to be sent out prior to Notice to Quit, can the Notice to Quit be sent out still in a case like this, which is to precede the filing of an Eviction?

There is a couple ways to play it:

1. Send overnight express mail, waive signature, then you can go on line and print the date and exact time the letter was delivered, signature not required, very expensive and probably not worth in your case

2. Delivery conformation, not as detailed, but shows a letter was delivered

3. Always send a copy regular mail as well, the excuse I never received it does not fly like it once did

4. If I remember its owner occupied, so tape a notice to the front door as well as delivery conformation

5. Or do as Ally suggested

Remember after the Notice to Cease is issued; One month notice to quit is also necessary; Plus the judge may require the violation to be “Substantial” in nature

Also if you are moving for violation of lease covenants vs. violation of rules and regulations, you must have wording within the lease, “where a right of reentry is reserved to the landlord in the lease for a violation of such covenant or agreement” NJSA 2A:18-61.1e;(1)

without that right stated in the lease, the landlord’s recourse is to simply for damages for breach of contract, rather than possession. Wehrle v. Landsman, 23 NJ Super,