@Chris L. - This website offers a pretty detailed explanation of the laws. NJ is a tricky, very tenant-friendly state.
Summary:
- Contact the tenant (phone call?) and be very, very nice. If you can get the tenant to agree to give notice to move out, ideally in writing, you will not have to worry about the following difficulties as per NJ law. (Anything can happen that you two agree on... consider Cash for Keys if tenant is reluctant.)
- If tenant has broken the lease materially (damage, non-payment), you can file to evict at any time for good cause.
- You may be able to change the renewal lease terms to increase the rent, perhaps making her not wish to renew, and therefore give you HER 30 day notice to leave the property around when you are hoping.
- If the property is 3 or fewer residential units and if you have contracted to sell to a buyer who needs the unit vacant and will personally occupy, you must give a minimum 60 days advance notice. The lease will terminate and the tenant can be evicted by the courts for good cause. ** This one means you'll have an agent trying to show the house to buyers while it's occupied, including buyer's agents being stuck having to plan far ahead to get permission from the tenant to view the property. This may severely limit your showings. Additionally, any buyer must wait a min 60 days to occupy (if the tenant is stretching this to its limit).
Sources: http://www.state.nj.us/dca/divisions/codes/publica...
http://legalcounselnj.com/2015/01/16/leases-expire...
" Quite simply, under New Jersey law, most residential tenants have an ongoing right to continue renting a property until there is “good cause” to terminate the lease. These “good cause” grounds for eviction are specified in N.J.S.A. 2A:18-16.1, and, of course, include nonpayment of rent among other commons sense causes, such as continuing to disregard material lease terms or causing excessive damage to the residence after proper notice. However, without such statutory good cause, the lease must renew as per its terms. And, if the lease does not have terms for renewal, then the lease converts to a month-to-month lease, with all other terms remaining in full force and effect. N.J.S.A. 46:8-10. The lease and the tenant’s right to remain in possession continue, indefinitely, until the landlord has “good cause” to terminate. New Jersey law has detailed procedures for making reasonable changes to renewal lease terms, but these procedures do not allow termination of the lease without good cause. N.J.S.A. 61.1(i). "
" Owners of rental property who are listing the home for sale often want the home vacant. Buyers of rented property often want the tenant to leave by closing. This scenario is governed by N.J.S.A. 2A:18-61.1(l)(3), which allows the owner of a residence with 3 or fewer residential units to terminate a tenant’s lease where the owner seeks to personally occupy the unit, or where the owner has contracted to sell the unit to a buyer who seeks to personally occupy the unit, and the contract for sale calls for the unit to be vacant at the time of closing. However, terminating a lease for this “good cause” requires that the term of the lease has expired (such that it is ending or is in month-to-month status), and requires that the tenant be given at least two full months of advance written notice that the lease will terminate and the tenant must vacate. N.J.S.A. 2A:18-61.2. In this circumstance, the owner or new buyer must personally occupy the premises for at least six months, or the owner is liable to the former tenant for three times the tenants damages plus the tenant’s attorneys fees and costs of suit. N.J.S.A. 2A:18-61.6(b). Such tenant-occupied real estate sales have added complexity and risk and must be properly navigated. "