In order to be lawfully evicted, a Landlord must bring a Tenant to Court by filing an eviction action in the Special Civil Part, Landlord Tenant Court. If your Landlord changes the locks without taking you to court, this is known as a “self-help” lockout and it is illegal in New Jersey.
The Complaint must provide a basis as to why the Landlord is trying to evict you. You will receive a copy of what your Landlord has filed against you from the Court. Following the eviction complaint, you will get a Proceeding Notice that provides the date, time, and address of your court date.
If you cannot appear on your court date due to a medical procedure or being out of state, you must request an adjournment from the court with proof of the appointment 5 days before your Court proceeding. It is important to follow up with the status of your request to see if it is granted or denied. If it is denied, then your court date remains the same.
If you miss your court date, a default Judgment of Possession will be entered against you. This allows the Landlord to proceed with filing for a Request for a Warrant of Removal which is the lockout notice. A tenant can file for a Motion to Vacate Default Judgment if they have: (1) excusable neglect as to why they were not able to attend the court date; and (2) a meritorious defense. Both are required in order to have the Court grant you a new court date.
On your court date, you will need to bring all materials you need to defend your matter. For example, in a nonpayment of rent case, if you are receiving rental assistance, you should have all documentation of where that assistance is coming from and for how much. If you are being evicted for a lease violation, it is important you have evidence as to how you have not broken your lease by either having pictures of your unit or witnesses depending on the accusation.
When you are inside the courtroom, the Judge will come on the bench and give a speech as what to expect that day. After the Judge’s speech, Court staff will start the calendar call. It is important for you to listen closely and have your docket number with you to be able to respond with your name when you hear your case called.
If both you and the Landlord are present on your court date, you will be sent to mandatory mediation. There are two main form of settlement agreements: (1) a Pay and Stay; (2) a Vacate Agreement. A Pay and Stay is a settlement agreement in which the Landlord and Tenant agreed to a payment plan as to how to pay the back rent. A Vacate Agreement is a settlement agreement where the Tenant agrees to leave by a specific date. If both parties agree to and enter into a settlement agreement, it becomes binding on the parties. Therefore, if the agreement is broken by the Tenant, the Landlord can request a Warrant of Removal.
If no settlement agreement is reached, the matter would go before the Judge for trial on the same day. During the trial, both parties have the opportunity to present the Judge with evidence. If the Landlord is not able to prove their case, the case will be dismissed. If you as the tenant are able to disprove or provide a defense, then the case would be dismissed. If the Judge finds in favor of the Landlord, he will grant a Judgment of Possession for the Landlord.
Once a Landlord has a Judgement of Possession against you, they have to wait three days before requesting a Warrant of Removal, which is the lockout notice. Once the Warrant of Removal is requested, the Court Officers have to place it on your door. This usually takes about a week from the request by the Landlord.
Once the Warrant of Removal is placed on your door, it will have a clear date of when the lockout can take place. This is always three days after the placement which does not include weekends. Lockouts can take place Monday through Friday between 8:30 a.m. and 4:30 p.m. A Court Officer must do the lockout.
If you have not entered into a vacate agreement, you can request an Order for Orderly Removal once you get the Warrant of Removal on your door to ask the Court for a 7 day extension.
If you have a nonpayment of rent matter, the law provides that if you are able to come up with all the rent due and owing through the current month, the Landlord must accept to the rent up to three days after a lockout, dismiss the case, and reinstate your tenancy.
