What is a Notice to Cease?
A Notice to Cease is a legal notice that is used by landlords when a tenant’s conduct is disruptive to others or in violation of the landlord’s rules and regulations. This notice serves as a warning to the tenant to stop the behavior in question, and it is typically the first step in the eviction process. A Notice to Cease is used when a tenant is acting in a disorderly manner, violating the terms of their lease or rental agreement, or engaging in behavior that is considered disruptive to others.
It is important for landlords to understand the proper use of a Notice to Cease and to follow the correct legal procedures when issuing this notice to a tenant. In certain cases, a notice to cease must be served to the tenant before any other actions are taken, and it should clearly state the specific behavior or violation that is being addressed. The Notice to Cease gives the tenant an opportunity to correct their behavior and avoid eviction.
In conclusion, a Notice to Cease is a crucial step in the eviction process for landlords who are dealing with disruptive or noncompliant tenants. This notice serves as a warning to the tenant and provides them with an opportunity to correct their behavior before further legal action is taken.
After the Notice to Cease, when can you serve a Notice to Quit/Vacate?
It is essential for landlords to comply with statutory requirements when dealing with disruptive or noncompliant tenants. However, there is limited guidance on how much time should pass between serving a Notice to Cease and a Notice to Vacate. In the case of Brunswick Street Associates v. Gerard, it was determined that the period allowed by the landlord for a tenant to comply with a Notice to Cease must be “reasonable,” but no specific time frame was specified. ¹
Additionally, it is important for the notice to include a clear and detailed statement of the behavior or violation that is being addressed. This was established in the case of Carteret Properties v. Variety Donuts, Inc. ²
It is always advisable for landlords to consult with an attorney before serving a Notice to Cease or Notice to Vacate to ensure that they are following the correct legal procedures. Give our experienced attorneys a call at 732-490-1777 and we will be able to further advise you on these types of matters.
- Brunswick Street Associates v. Gerard (357 N.J. Super. 548 (Law Div. 2002))
- Carteret Properties v. Variety Donuts, Inc., 49 N.J. 116 (N.J. 1967).