• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

after landlord is granted eviction??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

girlsmomma

Junior Member
What is the name of your state? New Jersey

I was just evicted due to non-payment of rent (very long story) anyway..
I didn't go to court due to not having a leg to stand on..
My question is.....I called the court to see what happened and they said the landlord was granted eviction on Dec. 22nd..so now what?? What's the rest of the process?? for NJ anyway..
 


Happy Trails

Senior Member
girlsmomma said:
What is the name of your state? New Jersey

I was just evicted due to non-payment of rent (very long story) anyway..
I didn't go to court due to not having a leg to stand on..
My question is.....I called the court to see what happened and they said the landlord was granted eviction on Dec. 22nd..so now what?? What's the rest of the process?? for NJ anyway..

JUDGMENT FOR POSSESSION

If a landlord is granted judgement for possession, the landlord may apply to the Clerk of the Special Civil Part for a warrant for possession, which allows the landlord to force the tenant to move out of the premises. The fee for a warrant for possession is $15.00 plus double the amount of the mileage fee. The warrant for possession may not be issued until three (3) business days (not counting the court day) after the judgement for possession is granted. The warrant for possession will be issued to a Court Officer to serve on the tenant.

The Court Officer must give a residential tenant three (3) business days to move all persons and belongings from the premises. If the tenant does not move after three (3) business days from which the warrant for possession was served, the landlord may arrange with the Court Officer to have the tenant evicted or locked out. The Court Officer will tell the landlord the fee charged for an eviction.

Following the eviction, the landlord must let the tenant remove personal belongings from the premises. A landlord cannot keep a tenants's belongings, but can arrange for their storage.

A landlord must apply for a warrant for possession within 30 days from the date of the judgement for possession unless the judgement is stopped through a court order or other written agreement signed by the landlord and the tenant.

A tenant may ask the court for permission to stay in the premises due to special difficulties that moving out may cause. If permission is granted, the tenant may not stay in the premises for more than six months. All rent due ordinarily must be paid for permission to be granted by the court."

Source: judiciary.state.nj.us/civil/civ-04.htm
 

Happy Trails

Senior Member
girlsmomma said:
So if I am not out within 3 days how long does it take to have me locked out?

If the tenant does not move after three (3) business days from which the warrant for possession was served, the landlord may arrange with the Court Officer to have the tenant evicted or locked out.

The way I read it, however long it takes the landlord to arrange it with the Court Officer.

I think the holidays have bought you some time; but since the court date happened on 12-22-04, you need to be making some immediate plans.
 
Last edited:

HomeGuru

Senior Member
girlsmomma said:
What is the name of your state? New Jersey

I was just evicted due to non-payment of rent (very long story) anyway..
I didn't go to court due to not having a leg to stand on..
My question is.....I called the court to see what happened and they said the landlord was granted eviction on Dec. 22nd..so now what?? What's the rest of the process?? for NJ anyway..


**A: start packing.
 

hollypavlyik

Junior Member
Just because you didn't have a leg to stand on doesn't mean you DON'T show up for court. My landlord filed eviction papers and wants us to be evicted for non paypent of rent (mold/mildew issue) and i went to court and asked for a habitability hearing. And i got it. So it doesn't matter wether or not you have a leg to stand on its the reputation you build up with the court (and ya didn't really give them a good one to think about you did ya).
So.... find somewhere else to live. They can lock you out (and in NJ where i live) they will do it when your not there.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top