New Jersey landlord guide — Anti-Eviction Act, Special Civil Part, seasonal shore rental market & year-round tenant protections
📍 County Seat: Cape May Court House • Cape May City • Wildwood • Ocean City 👥 Pop. ~95,000 year-round — NJ’s southernmost county — major summer tourism ⚖️ Special Civil Part • 9 N. Main St., Cape May Court House 🏖️ Cape May City • Wildwood • Ocean City • Stone Harbor • Avalon
Cape May County occupies New Jersey’s southernmost tip, a peninsula bordered by the Atlantic Ocean to the east and Delaware Bay to the west, and it is unlike any other county in the state. The county is defined above all else by tourism — the Victorian resort city of Cape May at the county’s southern tip, the family-friendly boardwalk communities of Wildwood and North Wildwood, the family shore community of Ocean City (which maintains a dry ordinance), the affluent enclaves of Stone Harbor and Avalon, and dozens of smaller shore communities that together attract millions of summer visitors and generate an economy almost entirely oriented around summer hospitality, food service, and retail. The year-round population of approximately 95,000 swells to several times that figure during the summer months, and the county’s rental market reflects this seasonal dynamic more dramatically than any other New Jersey county.
Cape May County’s landlord-tenant legal framework is shaped by the interplay between the Anti-Eviction Act’s year-round residential tenant protections and the Act’s seasonal exemption for short-term shore rentals. No Cape May County municipality has local rent control. The seasonal rental market — summer cottage rentals, weekly shore house rentals, and seasonal worker housing — operates under different rules than year-round residential tenancies, but the line between the two is not always obvious and misidentifying a year-round residential tenant as a seasonal renter can lead to catastrophic procedural failures. The mandatory landlord registration requirement applies to all residential rental properties countywide, and LLC and corporate landlords must retain NJ counsel for all Special Civil Part proceedings.
📊 Quick Stats
County Seat
Cape May Court House (Middle Township) — county government; Special Civil Part
Shore Communities
Cape May City, Wildwood, North Wildwood, Ocean City, Stone Harbor, Avalon, Sea Isle City, Wildwood Crest, West Cape May
Population
~95,000 year-round; significant summer population surge; NJ’s southernmost county
Top Employers
Shore tourism/hospitality; Cape Regional Medical Center; Cape May County government; seasonal food/beverage/retail; fishing industry
Median Rent
~$1,200–$2,500/mo year-round 2BR — Stone Harbor/Avalon premium; mainland communities lower
Rent Control
None — no Cape May County municipality has rent control
LLC/Corp Landlord
Licensed NJ attorney required in ALL Special Civil Part proceedings
30 days standard; 5 days disaster; 15 days domestic violence
Courthouse
9 N. Main St., Cape May Court House, NJ 08210
Court Phone
(609) 465-1000
Filing Fee
~$50 (1 defendant) + $5/additional + $7 service
Cape May County — Local Rules & New Jersey State Law Highlights
Topic
Rule / Notes
Anti-Eviction Act — Year-Round Tenants
The Anti-Eviction Act applies fully to all year-round residential tenants in Cape May County — regardless of the property’s shore location, its history as a seasonal rental, or the landlord’s intent. A tenant who establishes Cape May County as their primary residence is a residential tenant with all 16-ground good-cause protections. No-cause evictions are prohibited for year-round tenants. The court location is 9 N. Main Street in Cape May Court House.
Seasonal Rental Exemption — Critical Cape May Issue
The Anti-Eviction Act exempts transient guests and seasonal tenants at hotels, motels, and guest houses for stays under 125 days. This is the most operationally significant legal issue for Cape May County landlords given the county’s overwhelming seasonal rental character. The exemption is narrow. It applies to genuinely seasonal/transient occupancy at qualifying properties for under 125 days. It does NOT apply to: (1) tenants who make a Cape May County property their primary residence year-round; (2) tenants who stay beyond 125 days; (3) properties that are not hotels, motels, or guest houses. Any uncertainty about whether a specific tenancy qualifies for the exemption requires consultation with a licensed NJ attorney before taking any action.
Seasonal Worker Housing
Cape May County’s hospitality economy requires thousands of seasonal workers each summer. These workers — restaurant staff, hotel employees, retail workers, lifeguards, and others — often rent housing during the summer season. If the rental is genuinely seasonal (under 125 days, at a qualifying property type), the Anti-Eviction Act exemption may apply. However, if a seasonal worker remains in the property beyond the summer season and establishes it as their primary residence, they transition to full Anti-Eviction Act protection. Clearly define the seasonal term in all seasonal leases and build in a clear end date. Do not allow seasonal occupancies to drift past 125 days without consulting NJ counsel.
Landlord Registration — CRITICAL
All Cape May County landlords must register with the applicable municipality. Buildings with 3+ units must also register with the NJ DCA. Failure to register is a complete defense to eviction. Cape May County’s many small shore municipalities each maintain separate registration systems. Even for seasonal rentals, registration compliance for year-round units is essential. Verify registration for each property before filing any eviction action.
Corporate/LLC Attorney Requirement
Business entity landlords must be represented by a licensed NJ attorney in all Special Civil Part proceedings (NJ Court Rule 6:10). Cape May County has significant LLC ownership of shore investment properties. Non-attorney appearances result in immediate dismissal. Retain NJ counsel for any eviction involving a business entity.
No Local Rent Control
No municipality in Cape May County has a local rent control or stabilization ordinance. Year-round residential landlords may raise rents to market rates at lease renewal without local regulatory limitation — subject to the Anti-Eviction Act’s requirement that a tenant who refuses must be evicted through the proper notice process for ground (i), and the increase must be reasonable.
Flood Risk Disclosure (eff. March 2024)
Required before lease signing for properties in FEMA Special or Moderate Flood Hazard Areas (N.J.S.A. 46:8-50). Cape May County’s entire barrier island geography — every shore community from Ocean City south to Cape May City and along the Delaware Bay — includes extensive FEMA flood zone designations. This is arguably the most critical disclosure requirement in all of Cape May County. Every barrier island property should be presumed to require flood risk disclosure until FEMA status is verified. Verify at msc.fema.gov before every lease signing. Failure to disclose creates liability for actual flood damages plus attorney’s fees.
Ocean City — Dry Municipality
Ocean City maintains a municipal prohibition on the sale of alcoholic beverages. This is relevant for landlord screening in Ocean City: tenants and their guests cannot purchase alcohol within city limits, which creates a distinctive community character that landlords should factor into lease rules and community expectations. Ocean City attracts family-oriented tenants and summer renters. The dry ordinance does not affect landlord-tenant law but does shape the tenant demographic.
Security Deposit Requirements
Maximum 1.5 months’ rent for year-round residential tenancies. Separate interest-bearing NJ account required. Written notice of account details within 30 days. Annual interest paid or credited to tenant. Return within 30 days with itemized statement. Wrongful withholding: double damages + attorney’s fees. Document all pre-existing coastal wear, storm damage, and moisture issues meticulously at every move-in.
Source of Income Protection
N.J.S.A. 10:5-1 prohibits refusal to rent to year-round tenants based on lawful income source including Section 8/HCV, public assistance, Social Security, and veterans benefits. Cape May County Housing Authority administers HCV programs. Civil penalties up to $10,000 plus compensatory damages and attorney’s fees for violations.
Cape May County Special Civil Part
Address: 9 N. Main St., Cape May Court House, NJ 08210 Phone: (609) 465-1000 Filing Fee: ~$50 (1 defendant) + $5/additional + $7 service Hours: Mon–Fri 8:30 AM–4:30 PM Cape May County’s Special Civil Part handles a relatively low year-round landlord-tenant caseload reflecting the county’s small permanent population. The court is efficient for properly documented cases. Legal Services of New Jersey serves qualifying Cape May County tenants. Most disputes involve year-round working-class tenants in mainland communities rather than shore resort tenants.
Tenant Can Cure?Yes - tenant can pay all rent due plus costs at any time before lockout to dismiss case (NJSA §2A:42-9). After warrant posted: 3 days to pay rent alone; after 4+ days: rent plus landlord costs.
Days to Hearing10-30 days
Days to Writ3-7 days
Total Estimated Timeline45-90 days
Total Estimated Cost$200-$600
⚠️ Watch Out
CRITICAL: No notice required for nonpayment - landlord can file immediately if rent is even one day late (unless landlord has habitually accepted late rent, then 30-day Notice to Pay or Quit required). Anti-Eviction Act requires just cause for ALL evictions - cannot evict without statutory grounds even at lease end. Tenant can pay and stay up until lockout. Business entities must be represented by attorney.
Serve the required notice based on the eviction reason (nonpayment or lease violation).
Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
File an eviction case with the Superior Court - Special Civil Part (Landlord/Tenant Section). Pay the filing fee (~$50-75).
Tenant is served with a summons and has the opportunity to respond.
Attend the court hearing and present your case.
If you prevail, obtain a writ of possession from the court.
Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about New Jersey eviction laws and does not constitute legal advice.
Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections.
For specific legal guidance, consult a qualified New Jersey attorney or local legal aid organization.
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🏘️ Communities & Screening Tips
Cape May City (Victorian resort; year-round & seasonal mix): Cape May City’s Victorian resort character attracts both summer visitors and a small year-round residential community. Year-round tenants are fully Anti-Eviction Act-protected. Seasonal rentals under 125 days at qualifying properties may be exempt. Flood risk disclosure is mandatory for barrier island properties. Year-round renters here are often hospitality and tourism workers; screen for year-round employment stability.
Wildwood & North Wildwood (boardwalk; seasonal workers; working class): Wildwood’s boardwalk economy generates large seasonal worker demand. Clearly define seasonal vs. year-round tenancy in all leases. Year-round tenants — many of them working in local services, healthcare, or government — are fully Anti-Eviction Act-protected. Screen year-round tenants for stable local employment. Flood risk disclosure required for barrier island properties.
Stone Harbor & Avalon (affluent enclaves; investment properties): Stone Harbor and Avalon are among New Jersey’s most expensive shore communities. Year-round tenants are rare; most properties are owner-occupied vacation homes or investment properties rented seasonally. For any year-round tenant, full Anti-Eviction Act protections apply. LLC ownership is prevalent; retain NJ counsel for any eviction action. Flood risk disclosure is mandatory.
Ocean City (family-oriented; dry; year-round residential): Ocean City’s dry ordinance and family character create a distinctive community. Year-round tenants are full Anti-Eviction Act tenants. Screen for family-oriented, alcohol-abstinent or alcohol-tolerant tenants who understand the dry ordinance. Flood risk disclosure required for all barrier island properties. Year-round demand is steady from working families and retirees.
Mainland communities (Rio Grande, Seaville, Dennisville): Cape May County’s mainland communities away from the barrier island have more affordable year-round rental markets serving county workers, healthcare employees from Cape Regional Medical Center, and working families. Less seasonal volatility; more stable year-round demand. No rent control. Screen for verified local employment.
Background checks, eviction history, credit reports — get the full picture before handing over the keys.
Cape May County New Jersey Landlord-Tenant Law: Shore Seasonality, Year-Round Tenants, and the Most Important Legal Distinction in South Jersey
Cape May County presents New Jersey landlords with a legal question that is more frequently misunderstood here than anywhere else in the state: when does the Anti-Eviction Act apply, and when does the seasonal rental exemption permit a landlord to end a tenancy without demonstrating good cause? In a county where seasonal rental is the dominant form of real estate activity, the temptation to treat all rental occupancy as seasonal — and therefore outside the Act’s protections — is understandable. It is also legally dangerous. The consequences of misclassifying a year-round residential tenant as a seasonal renter and attempting a no-cause eviction can include dismissed court cases, anti-retaliation claims, and potential damages that dwarf whatever benefit the landlord hoped to achieve by avoiding the good-cause eviction process.
The Anti-Eviction Act’s seasonal exemption is specific: it covers transient guests and seasonal tenants at hotels, motels, and other guest houses who occupy the premises for fewer than 125 consecutive days. Three elements must be present for the exemption to apply: (1) the property must qualify as a hotel, motel, or guest house; (2) the occupancy must be genuinely seasonal or transient in character; and (3) the occupancy must be under 125 days. If any of these elements is absent — if the property is a standard residential rental unit, if the tenant has established primary residence there, or if the occupancy has exceeded 125 days — the exemption does not apply and the full Anti-Eviction Act governs. Courts in Cape May County have seen attempts to misuse the seasonal exemption and do not extend it beyond its statutory terms.
The Year-Round Tenant in a Seasonal Community
Cape May County’s permanent population of approximately 95,000 is served by a healthcare system, school system, municipal government, and local economy that require year-round workers who rent year-round housing. These year-round tenants — nurses and healthcare workers at Cape Regional Medical Center, county government employees, teachers, police officers, restaurant and retail workers who live and work in the county twelve months a year — are the tenants most frequently at risk of being misidentified as seasonal renters by landlords who have primarily operated in the seasonal market. A Cape May County landlord who has rented a property seasonally for many years and then rents it to a year-round tenant for the first time may not fully appreciate the legal change that has occurred. The moment a year-round primary residence tenancy is established, all 16 good-cause grounds and all procedural requirements of the Anti-Eviction Act apply, and they do not go away when summer ends.
The practical recommendation for Cape May County landlords who rent to year-round tenants is straightforward: treat the tenancy as a standard NJ residential tenancy governed by the Anti-Eviction Act from day one, follow all registration, notice, and procedural requirements precisely, and consult a licensed NJ attorney before taking any action to end the tenancy. The cost of getting this right from the outset is trivial. The cost of discovering at a court hearing that a year-round tenant has been treated as a seasonal renter is not.
This page is provided for general informational purposes only and does not constitute legal advice. All residential evictions in Cape May County are filed at Cape May County Superior Court — Special Civil Part, 9 N. Main Street, Cape May Court House, NJ 08210 — (609) 465-1000. New Jersey’s Anti-Eviction Act (N.J.S.A. 2A:18-61.1) prohibits no-cause evictions for year-round residential tenants. The seasonal exemption is narrow — consult a licensed NJ attorney before relying on it. LLC and corporate landlords must be represented by a licensed NJ attorney (NJ Court Rule 6:10). Failure to register under the Landlord Registration Act is a complete defense to eviction. No Cape May County municipality has local rent control. Flood risk disclosure is required before lease signing for FEMA flood zone properties (N.J.S.A. 46:8-50, eff. March 2024) — critical for all barrier island properties. New mandatory court forms required as of September 2025. Consult a licensed New Jersey attorney for specific guidance. Last updated: March 2026.
⚠️ Legal Disclaimer: This page is provided for general informational purposes only and does not constitute legal advice. All residential evictions in Cape May County are filed at Cape May County Superior Court — Special Civil Part, 9 N. Main Street, Cape May Court House, NJ 08210 — (609) 465-1000. New Jersey’s Anti-Eviction Act prohibits no-cause evictions for year-round residential tenants. The seasonal exemption is narrow and requires NJ counsel to evaluate. LLC and corporate landlords must be represented by a licensed NJ attorney (NJ Court Rule 6:10). Failure to register under the Landlord Registration Act is a complete defense to eviction. No Cape May County municipality has local rent control. Flood risk disclosure required for FEMA flood zone properties (N.J.S.A. 46:8-50, eff. March 2024). New mandatory court forms required as of September 2025. Consult a licensed New Jersey attorney for specific guidance. Last updated: March 2026.
