Legal Question in Landlord & Tenant Law in New Jersey

This answer assumes that either you are a nonresident landlord or the building is for units or more. Under New Jersey's anti-eviction act, there are certain procedural things you must do in order to evict the tenant. It does not matter if you have a lease with the tenant, the tenant is holding over from a written lease, or there was an oral month-to-month lease.

Under the circumstances you describe you can evict the tenant. Under the anti-eviction act there are approximately 20 different reasons that are recognized as grounds for eviction. One of them is the habitual late payment of rent. In order to do this you need to give the appropriate notice to cease, failure to comply, a notice to quit, a demand for possession, a judgment for possession from the landlord-tenant court, and a court officer having executed it. Not following procedure, including not complying with the appropriate timing under the statute, will cause the eviction action to fail and/or potential civil and criminal liability.

I would suggest you talk with an attorney, most will offer a free initial consult. Be well, have a good week

If you live in the property and there are a total of 2 or 3 units you can evict the tenant on one month's notice. If you do not live in the premises, or there are more then 3 units, all you can do is serve a Notice to Cease paying rent late upon the tenant. If the tenant pays late thereafter, after following proper procedures, you can terminate the tenancy.