If you have been sued for eviction and you lose your eviction case, the judge will enter a Judgment for Possession. A Judgment of Possession give the landlord the possession of the apartment, and allows the landlord to apply to the court for a Warrant of Removal to have you evicted. A Warrant of Removal allows a Court Officer called a Constable to remove you from your house or apartment. A Warrant of Removal may not be issued until three (3) business days after the judge enters a Judgment for Possession.
You will know if you have received a Warrant of Removal when you see it taped to your door. The Constable cannot lock you out until three (3) business days after the Warrant of Removal was taped to your door. You do not include the date the Warrant was taped on your door, weekends, or holidays.
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 voluntarily. This additional seven days 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 located in the Court House where the eviction case was heard. Remember to bring a copy of the Warrant of Removal that was taped to your door. 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.
After you complete the papers, the court will review your form and tell you what happens next: a judge may sometimes make a decision on the day you file the form, or, you will get a date from the court telling you when to return to the court to appear before the judge.
Be aware that if you seek a Stay for Orderly Removal, the judge may require you to relinquish other rights. Most commonly, judges include a condition that you give up any rights under the Abandoned Tenant Property Act &/or pursuing any further applications for post-judgment relief.
When you give up your rights under the Abandoned Tenant Property Act, your landlord will be allowed to dispose of your left behind property without any notice. Essentially, if you are granted an additional seven days to leave your apartment or house with this condition, you must be prepared to take everything with you that you want to keep, because the owner will not have to store it for you and may dispose of your property after you are out of the apartment.
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.
When a court grants you an Order for Orderly Removal, your landlord may ask the Court to reverse it, but they must give you notice first and you have the opportunity to.
If you are still on the premises after your seven days granted by an Orderly Removal, the landlord may reinstate the Warrant of Removal and a Special Civil Officer will come to evict you.
