It’s an interesting question on the nuisances of law, I would be curious of other posters answer
To start with John, Patti, and WHM are not correct when talking about a NJ rental which falls under the NJ anti eviction act and requires cause to end any type of residential lease (fixed to mtm), so please ignore those answers
One such cause: personal occupancy by owner NJSA 2A:18:61.1(L)
It would seem the building in which the rental you seek to occupy must be three residential units or less to qualify
Then the fun part, what is the legal definition of “personal occupy”
For example: Gross v. Barriosi, commercial use by owner of unit is not personal occupancy
McQueen v. Brown, Super 342 NJ Super 120 (App. Div. 2001) seems to be a precedent, a quick reading would suggest
under your fact pattern it’s purely up to your local judge who is the fact finder to determine ones length of stay at the rental required to find personal occupancy under NJSA 2A:18-61.1L,
Note primary residency is not require
Beware of a defense objection based upon the premise of pretext for the underlying reason to occupy, meaning there isn’t a past history of you trying to remove this tenant without cause
In my lay opinion consult an experienced LL/ Tenant lawyer knowledgeable about your judge
For it would seem the excuse to simply occupy a rental for a small period of time to do renovation on you primary residency is an umpire call at the plate
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