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Orderly Removal: Requesting more time to move

If you lose your eviction case, the judge will enter a judgment for possession.
A judgment of possession allows the landlord to apply to the court for a warrant for removal to have you evicted.
A warrant for removal allows a special civil part officer to remove you from your house or apartment.
A warrant for removal cannot be issued until three (3) business days after the judge enters a judgement for possession.

The  warrant for removal is posted on the building front door, not necessarily your actual apartment door. 
A lockout cannot be scheduled with a court officer until after three (3) business days of when the warrant for removal was posted to your door and the date it is executable will be listed on it.


Applying for More Time

If you need more time to move, you can ask the court for a stay for orderly removal.
Pursuant to N.J. Court Rule 6.6(b), the court can give you up to seven (7) days to move out and remove your belongings.
This additional time may be granted to you without requiring you to pay rent.

In order to apply for a stay for orderly removal you must go to the court clerk’s office.
Remember to bring a copy of the warrant for removal that was taped to your door or at least have the docket number for your case, which will start with “LT.”
Tell the court clerk you want to apply to have your eviction stayed.
The court clerk will ask you to complete a form.
On the form you should list the reasons why you need the extra time to move.


Court Clerk Locations by County

Middlesex County
56 Paterson Street
New Brunswick, NJ
Mon-Fri 9:00am – 4:30pm

Mercer County
175 South Broad Street
Trenton, NJ
Mon-Fri 9:00am – 4:30pm

Union County
2 Broad Street
Elizabeth, NJ
Mon-Fri 9:00am – 4:30pm


After you Apply

After you complete the papers, the court will review your form and will make a decision on what to do.
A judge may sometimes make a decision on the day you file the form, or, you will get a return date from the court telling you when to return to the court to appear before the judge.

*During the COVID-19 Pandemic, a judge may hold the hearing for your request for an orderly removal through a phone call or a Zoom online video meeting.

On the return date you will give your reasons to a judge why you should be granted up to seven days to move out of your house or apartment.
The judge will notify your landlord during the hearing to see if your landlord will oppose your ask for more time.

 

Abandoned Tenant Property Act

Be aware that if you seek a stay for orderly removal, the judge might require you to relinquish other rights.
Most commonly, judges include a condition that you give up any rights under the Abandoned Tenant Property Act.
-this allows your landlord to dispose of your left behind property without any notice.
-if you are granted an additional time to leave your apartment or house with this condition, then you must be prepared to take everything you wish with you, as the owner will not be required keep your property for you and may dispose of anything left behind.

If you agree to not pursue any further applications for post judgement relief, this means that by accepting a stay for orderly removal, you will not ask the court for any more additional time past seven days.
If you do ask the court for more time after the order for orderly removal is granted or try to stop the eviction through a different court process, a judge may deny your request.

 

When your Request is Granted

When a court grants you an order for orderly removal, your landlord may try to reverse it, but they must give you notice.

If you are still on the premises after your seven days granted by an orderly removal, the landlord may reinstate the warrant for removal and a special civil officer will come to evict you.

The Order for Orderly Removal is the most commonly granted form of a post-judgement application.

If you need more time to move, consider applying for a stay for orderly removal for an additional seven days to coordinate your move-out.

For more information or for further assistance, please contact Central Jersey Legal Services.

Mercer County: (609) 695-6249

Middlesex County: (732) 249-7600

Union County: (908) 354-4340

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