N.J. DCA Landlord/Tenant Information Series — (English)

Citation: N.J. DCA Landlord/Tenant Information Series — (English)
Jurisdiction: New Jersey (state)
Source: Official source
Original Source: https://www.nj.gov/dca/codes/publications/pdf_lti/t_i_r.pdf ↗

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Foreclosure
Recent changes to federal law have strengthened a tenant’s rights in foreclosure
proceedings. However, the federal law does not preempt any State or local law that provides
longer time periods or other additional protections for tenants in foreclosure proceedings.
Foreclosure alone is not grounds for eviction in New Jersey. In Chase Manhattan Bank v.
Josephson, 135 N.J. 209 (1994) the court held that when a lender or other buyer takes possession
of the property, the residential tenant comes with the property. Before a tenant can be evicted due
to foreclosure, the landlord must provide the tenant with a 90-day notice to quit when the
foreclosed property has been purchased by a buyer who wants to personally occupy it as his or her
primary residence. However, if a tenant has a lease agreement that goes beyond the 90 days the
landlord may not take action to evict the tenant until after the lease expires and the 90-day notice
to quit has been given. The 90-day notice may be given 90 days before the lease expires. Month-
to-month tenants and two- and three-family owner-occupied units are not exempt from the 90-day
notice requirements.