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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Notice Requirements to Tenants Prior to the Transfer of Title Due to a Foreclosure Action
Any written or verbal communication, including a summons and complaint, an initial
written or verbal communication by a foreclosing creditor, or any communication written or verbal
that requests a tenant to vacate the property before the foreclosure or sale of the property, requires
the foreclosing creditor to give notice to the tenants as outlined in the New Jersey Court Rules,
entitled “Notice to Residential Tenants of Rights During Foreclosure,” (APPENDIX XII-K).

Notice Requirements to Tenants After the Transfer of Title Due to a Foreclosure Action
When making a bona fide monetary offer to induce tenants to move, the new owner must
provide a separate and different notice from the notice required to be given by a foreclosing
creditor. The new owner must provide a copy of the “NOTICE TO TENANTS” and give it with
the initial and final written or verbal offer to the tenant.

The foreclosing agency, including a bank, creditor, or a new landlord may make a written
bona fide (good faith) monetary offer requesting that the tenant vacate the property, without “good
cause.” An acceptance of the offer by the tenant must be in writing and include an
acknowledgement of the date of the receipt of the offer, and an understanding that the tenant had
a five-day review period to accept or reject the offer presented.

However, it is important to note that the acceptance of a bona fide monetary offer is
voluntary. The tenant shall not be pressured by anyone, including the person making the offer to
accept any offer to vacate the property. Pursuant to the New Jersey Foreclosure Fairness Act
(N.J.S.A. 2A:50-69 et seq.), pressure tactics include but are not limited to (N.J.S.A. 2A:50-71(b)):