How Eviction Works

by Aleksandra Syniec, Esq. | May 9, 2025 | Eviction, Housing-Problems, Landlord Tenant Law, Tenant’s rights

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Eviction Process in New Jersey

A tenant may be evicted for a variety of reasons, including failure to pay rent or repeatedly paying rent late, damaging the apartment, or violating the terms of the lease. A landlord can only evict you through the court process.

Your landlord must file an eviction complaint with the Landlord-Tenant Court before they can legally evict you. In New Jersey, it is illegal for a landlord to change your locks without first taking you to court.

The eviction complaint must state the reason your landlord is trying to evict you. You will receive a copy of the documents your landlord files with the court. You will also receive a Summons telling you the date, time, and location of your court hearing.

If you are unable to appear in court because of a medical condition or because you are out of state, you must request an adjournment (postponement) from the court at least five days before your court date and provide supporting documentation. It is very important to follow up on your request. If your request is denied, you must appear on the original court date.

If you miss your court date, you may be evicted by default. The judge will enter a Judgment of Possession, which begins the eviction process. You may ask the court for a new hearing date, but only if you can provide a good reason for missing court and present a valid legal defense to the eviction.

If you need an interpreter at your hearing, contact the court at least one week before your trial date to request one.

On your court date, bring all documents and evidence that support your defense. If you are being evicted for nonpayment of rent and are receiving rental assistance, bring all documents from the agency providing the assistance showing how much has been paid. If you are being evicted for violating your lease, it is important to bring evidence showing that you did not violate the lease, such as photographs of your apartment or testimony from witnesses.

When you arrive in court, the judge will explain what to expect for the day. Court staff will then begin calling cases. Have your case number ready, listen carefully, and respond when your case is called.

If both you and your landlord appear in court, your case will usually be referred to mediation in an attempt to resolve the dispute. The two most common settlement agreements are:

Pay and Stay Agreement
Vacate Agreement

Pay and Stay Agreement

A Pay and Stay Agreement is an agreement in which the landlord and tenant agree to a payment plan for overdue rent.

Vacate Agreement

Under a Vacate Agreement, the tenant agrees to move out by a specified date.

Once both parties sign a settlement agreement, it becomes legally binding. If you violate the agreement, the landlord may request a lockout without another court hearing. Once all terms of the agreement have been fulfilled, the eviction case will be dismissed.

If no settlement is reached, your case will proceed to trial before a judge that same day. During the trial, both you and your landlord will present evidence.

If the landlord cannot prove their case, or if you successfully present a defense, the case will be dismissed and you may remain in your apartment.

If the judge rules in favor of the landlord, the court will issue a Judgment of Possession. From that point, you will generally have about two weeks before you could be locked out.

Timeline After a Judgment of Possession

Once the landlord obtains a Judgment of Possession, they may apply for a Warrant of Removal, which authorizes the lockout.

The landlord must wait three days after the court hearing before applying for the Warrant of Removal.

Once the warrant is issued, a court officer will post it on your door. This usually takes about one week after the landlord submits the request.

The warrant will list the lockout date. The lockout date is always three days after the warrant is posted on your door, excluding weekends.

Lockouts

Lockouts take place Monday through Friday, between 8:30 a.m. and 4:30 p.m.

Only a court officer is authorized to carry out the lockout.

Order for Orderly Removal

If you have not signed a Vacate Agreement, you may apply for an Order for Orderly Removal after the Warrant of Removal has been posted on your door.

The court may grant you a seven-day extension before the lockout, giving you additional time to move.

If you are being evicted for nonpayment of rent, New Jersey law provides that if you pay all past-due rent plus the current month's rent within three days after the lockout, the landlord must accept the payment. The court will dismiss the eviction case and restore your tenancy.