New Jersey Judiciary Superior Court of New Jersey Law Division, Special Civil Part Landlord/Tenant Pre-Calendar Call Instructions

New Jersey Judiciary Superior Court of New Jersey Law Division, Special Civil Part

Landlord/Tenant Pre-Calendar Call Instructions

Preamble

       The judge presiding at the call of the landlord/tenant trial list on the day of the trial will provide instructions to the tenants and landlords who have come to court for a trial. The instructions are set forth below. A written copy of the instructions provided by the judge will be made available to you at the calendar call. These instructions need not be recited verbatim. However, what is said must contain and explain in plain language all of the points set forth in these instructions and may be supplemented by local information. A Spanish version of these instructions will be given via a videotape recording and in writing in those counties with a significant Spanish speaking population.

      Instructions

Si usted necessita un interprete porque usted habla solamente Espanol, por favor, ponga se de pie.

       We are about to call a list of cases where the landlord is suing to evict, that is, lock out, a tenant. After the list has been called, you will have a chance to ask questions. Written copies of the instructions I am about to give are available.

1.   The Calendar Call

       A. When we call each case, please identify yourself. We will mark a case "READY" when both the landlord and the tenant are here. We will mark a case "DEFAULT" when the landlord is here but the tenant isn't. If a default is entered, then the landlord must file an affidavit or certification, which must include the facts necessary to get a judgment for possession and a statement that all charges and fees are permitted by law and the lease. The landlord’s attorney, if there is one, must also file a certification that the charges and fees, including attorney fees, are permitted by law and the lease. The judgment for possession allows a landlord to have a tenant evicted by a Special Civil Part Officer. We will mark a case "DISMISSED" if the landlord is not here. Tenants should identify themselves even if the landlord is not here.

B.    Everyone must stay here until you get additional instructions and permission to leave.

2. Settlements

       Now I want to talk to you about settlements. After we have called the list of cases, we suggest that landlords and tenants talk to each other to try to settle your cases. Here are some important points. You do not have to settle your case, and you have the right to a trial. You should settle only if the terms are agreeable to you. A settlement must be voluntary to both parties. If you are able to agree on a settlement, please let the staff in this courtroom know and you will be given a settlement agreement form, the landlord’s certification and the certification for the landlord’s attorney. I advise the parties that they are not limited to the contents of the settlement forms. You may change them as desired. Complete the forms, date and sign them, and give them back to court staff. You will receive a copy for your own records. Make sure that you understand the words in the settlement because if you agreed to entry of a judgment for possession and don’t comply with the terms of the settlement, you will be evicted. Any agreement that says a judgment for possession will or may be entered must be approved by me or another judge.

3.   Waiting for Trial

       If you are not able to settle your case, you will have to wait until a judge is available to hear your case. We expect to reach all cases today. However, if your case cannot be completed today, then the tenant may have to deposit with the clerk of the court the amount of rent to be determined by the court, no later than 4:30 p.m. today, in cash or money order or bank cashier's check made payable to the Treasurer, State of New Jersey, rather than to the landlord. If it is deposited, the Clerk will reschedule the case with a new trial date. If the rent is not deposited today, a Judgment for Possession will be entered in favor of the landlord. That means that a landlord will be able to have a tenant evicted by a Special Civil Part Officer. A landlord cannot lock out a tenant by himself or herself; a Special Civil Part Officer must be used to evict a tenant.

Effective 09/01/2006, CN 10887-English

Landlord/Tenant Pre-Calendar Call Instructions

4.   Non-Payment Cases

      Introduction. The following points relate to a landlord's claim that a tenant owes rent:

       A. Dismissal Upon Payment or Deposit. First, if the landlord claims that the tenant owes rent, it is still not too late to pay the rent that is due and have the case dismissed. If the tenant pays the rent that is due plus costs of court by 4:30 p.m. today, the case will be dismissed. The tenant may pay the rent plus costs to the landlord, or to the clerk of the court by cash, money order, or bank cashier’s check. If a tenant disagrees with the landlord on the amount of the rent that is owed, a tenant has the right to a trial so that a judge can decide how much rent is owed. After the judge decides how much rent is owed, the tenant can pay the rent and the case will be dismissed.

       B. Items Constituting Rent. A tenant does not have to pay for attorney’s fees, late fees or other charges to avoid eviction unless there is a written lease that calls these items “additional rent.” Even if the lease does say that, the amount really due as rent may be limited by rent control, or if there is public assistance, the rent may be limited by federal law. For example, if the tenant gets Section 8 assistance, the landlord cannot include a late charge to determine the amount that the tenant owes.

       C. Limitation on Court’s Powers. If the only issue is that a tenant who owes rent wants more time to pay it, or to pay it in installments but the landlord does not agree, then I will have to enter a judgment for possession; I have no right to make a landlord wait for the rent or to take it in installments. A judgment for possession is the court order giving the landlord the right to possession of the premises. However, the landlord cannot actually evict the tenant until the warrant of removal is issued.

      5.   Eviction Procedures

       A. Issuance of Warrant. A judgment for possession gives a landlord the right to request a warrant to have a tenant evicted by a Special Civil Part Officer. That warrant may be issued no sooner than three business days after entry of the judgment for possession.

       B. Service of the Warrant. The warrant will have to be served by the Officer on the tenant, and a residential tenant may be evicted no sooner than three business days after it has been served, but not on a weekend or holiday. To put it very simply, a residential tenant may not be evicted any earlier than 8 days plus holidays, after a judgment for possession has been entered.

      6.   Stopping an Eviction After a Judgment for Possession

       A. By Agreement. After a judgment for possession has been entered, a tenant may still try to make an agreement with a landlord to stop an eviction. If the landlord does agree, make sure that the agreement is in writing and that a copy is filed with the court.

       B. By Going to the Court. If the landlord does not agree, then, even after a warrant of removal has been served on a tenant or after the tenant has been removed, the tenant may apply to the court, as soon as possible, for relief to stop the eviction or put the tenant back, including:

       (1)   An Order to Show Cause [based on Court Rule 4:50-1] requesting that the judgment for possession be reversed and the complaint dismissed, if the tenant can show good reasons.

       (2)   A delay [stay] of the eviction based on the unavailability of other dwelling accommodations [based on New Jersey Statute 2A:42-10.1 or 2A:42-10.6]. That delay cannot be for more than 6 months and must be applied for no later than 10 days after the eviction, but the tenant will have to pay all rent and proper costs.

(3)   An application for orderly removal requesting more time to move out if there is a good reason.

A court may grant or deny these applications, and if one of these applications is granted, the court may also establish certain conditions.

      7.   Jurisdictional Instruction

Landlords who want to evict a tenant when they either got title from the tenant or gave the tenant an option to purchase, must stay here to testify in court even if the tenant isn't here. This does not apply to most eviction cases.

Effective 09/01/2006, CN 10887-English       page 2 of 3

Landlord/Tenant Pre-Calendar Call Instructions

      8.   Services/Facilities Available

  The court has a list of agencies that may assist you with rent, temporary shelter or legal services. ……

      Please wait until the list of cases has been completed and additional instructions have been given.

Effective 09/01/2006, CN 10887-English

BERKELEY ACQUISITIONS, LLC,v JACQUIL BREVARD, Defendant-Appellant. DOCKET NO. A-0

SUPERIOR COURT OF NEW JERSEYAPPELLATE DIVISION

________________________

Submitted July 24, 2013 – Decided

Before Judges Reisner and Yannotti. « Citation

DataOriginal Wordprocessor Version
(NOTE: The status of this decision is Unpublished.)

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

On appeal from Superior Court of New Jersey, Law Division, Special Civil Part, Essex County, Docket No. LT-18170-12.

Essex-Newark Legal Services, attorneys for appellant (Abbott Gorin, of counsel; Felipe Chavana, on the brief).

Law Offices of D. Sam Han, attorney for respondent.

PER CURIAM

Defendant Jacquil Brevard appeals from an August 16, 2012 order, granting a judgment of possession in favor of her landlord, plaintiff Berkeley Acquisitions, LLC. We affirm.¹

Plaintiff filed a complaint in landlord/tenant court, contending that defendant directed terroristic threats and an assault against Luis de Castillo, one of the building's maintenance workers, by spitting in his face. Plaintiff premised the proposed eviction on N.J.S.A. 2A:18-61.1p, which authorizes eviction of a tenant for committing an assault or terroristic threats against the landlord or its employees. In ruling on defendant's summary judgment motion, Judge Mahlon L. Fast dismissed the allegation of terroristic threats, but denied summary judgment with respect to the alleged assault.

According to de Castillo, at about 10:30 p.m. on May 5, 2012, he was in his supervisor's apartment watching television, when the two men heard someone knocking loudly at the downstairs door. When de Castillo answered the door, he encountered defendant, who asked him to "go down and open the basement" so that workers from PSE&G could turn her electric service back on. De Castillo responded that "it wasn't an emergency" and "it wasn't the right time for opening the basement" because it was after his working hours. According to de Castillo, defendant responded by yelling at him, calling him a "motherfucker" and a "stupid bastard," and telling him that "you work for me." He stated that, when the insults did not persuade him, defendant "cleared her throat and spit at me on this side of my face and on my shirt."

De Castillo was very upset at being spat upon and cursed at. On cross-examination, he testified that "[w]hen somebody spits in your face, in as far as I'm concerned, that is worse than if they had hit you in the face." He returned to the apartment, cleaned off the saliva, and told his supervisor what had occurred. At his supervisor's suggestion, de Castillo went to the apartment complex's security office and filed a complaint. He testified that, although he had no further confrontations with defendant, he was afraid that if she became displeased at anything he did in the future, she would spit at him again.

The supervisor, Diomedes Demata, confirmed that on the evening of May 5, he was in his apartment watching television with de Castillo when they heard someone knocking loudly on the downstairs door. De Castillo answered the door and, from inside his apartment, Demata could hear defendant "shouting obscenities" and insisting that de Castillo open the basement door to admit the PSE&G workers. When de Castillo returned to the apartment, he looked unhappy and told Demata that "the woman . . . spit at me." Demata saw a wet stain on de Castillo's tee- shirt but could not identify the substance.

Demata also explained that the apartment complex had seven buildings. The complex's policy was that if PSE&G turned off a tenant's electricity due to non-payment, the building staff was "authorized to open up the basement until 5:00 p.m." to enable PSE&G to restore service. Otherwise, the tenant would have to wait until the next morning. The building's property manager, Aaron Hirsch, confirmed Demata's description of the complex's policy. He explained that the complex only had four maintenance workers, who did not work twenty-four hours a day except to address emergencies.

Defendant testified that her electricity was turned off for nonpayment. On May 5, PSE&G arrived at 10:30 p.m. to turn it back on. She testified that she went to the supervisor's apartment and knocked on the door a couple of times. De Castillo answered, and when she calmly asked him to open the basement door, he started "yelling" at her, saying "no, no, no, no." He then slammed the door in her face. He did not give her any reason for his refusal. At that point, defendant was "upset" and "kicked the door." She denied ever spitting at de Castillo.

Defendant testified that on Monday, May 7, she went to the complex office and complained about de Castillo's conduct to the woman who staffed the office. During that visit, she also made arrangements for maintenance to give PSE&G access to the building on the following day. On cross-examination, defendant stated that her electricity had been turned off for about twenty days, but she was not living in her apartment at the time. Instead, she was staying with relatives.

In his oral opinion placed on the record immediately after the bench trial, Judge Fast found de Castillo's testimony more credible than defendant's testimony. He was impressed with

the force, the directness, the persuasion with which he testified about having been spit on. And that he did consider it to be more serious than having been hit with . . . [a] fist.

Judge Fast also concluded that spitting in de Castillo's face constituted a simple assault, which in turn justified defendant's eviction under N.J.S.A. 2A:18-61.1p:

The law does not require that there be an actual apparent injury to the person, but rather that there be a simple assault. Pursuant to [N.J.S.A.] 2C:12-1, I find that this does constitute an assault . . . .

On this appeal, we are bound by Judge Fast's factual findings so long as they are supported by sufficient credible evidence. See Rova Farms Resort, Inc., v. Investors Ins. Co., 65 N.J. 474, 484 (1974). We owe particular deference to his credibility determinations. In re Return of Weapons to J.W.D., 149 N.J. 108, 117 (1997).

Having reviewed the record, we find no merit in defendant's argument that the trial judge's factual findings were against the weight of the evidence. Contrary to defendant's argument, de Castillo's testimony was not "uncorroborated." His supervisor, Demata, confirmed that defendant was yelling and cursing at de Castillo. This contradicted defendant's testimony that she was speaking calmly and that de Castillo was yelling at her. We find no basis to disturb Judge Fast's credibility findings or his factual determinations.

In light of the judge's factual findings, defendant's additional arguments are without merit. In relevant part, N.J.S.A. 2A:18-61.1p authorizes eviction if the tenant "has been found, by a preponderance of the evidence, liable in a civil action for removal commenced under this act for an offense under . . . [N.J.S.A.] 2C:12-1 . . . involving assault . . . against . . . an employee of the landlord." Ibid. In turn, N.J.S.A.2C:12-1 includes the offense of simple assault, defined as attempting "to cause or purposely, knowingly or recklessly [causing] bodily injury to another." N.J.S.A. 2C:12-1a(1). On this appeal, defendant does not argue that her conduct – spitting in de Castillo's face – did not constitute simple assault. See New Jersey v. Bazin, 912 F. Supp. 106, 115

(D.N.J. 1995) (noting that "[e]ven the slightest physical contact, if done intentionally, is considered a simple assault under New Jersey law"). Rather, without citing any cases to support her contention, she argues that N.J.S.A. 2A:18-61.1p requires proof of "an aggravated assault." That argument is contrary to the plain language of the statute. Defendant's appellate arguments are without sufficient merit to warrant further discussion in a written opinion. See R. 2:11-3(e)(1)(E).

Affirmed.

1  The trial court entered a stay of eviction pending appeal, but vacated the stay on January 7, 2013. According to her brief, defendant has moved out of the apartment which was the subject of the order on appeal. However, we have not dismissed the appeal as moot, because, according to defendant, plaintiff may be able to pursue a judgment against her for counsel fees under the terms of the lease.

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This archive is a service of Rutgers School of Law - Camden.

PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE

PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE

2053 Woodbridge Ave.

Edison, NJ 08817

Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents, and other Business Professionals as a 2nd location or location to meet clients in Edison.

The offices are located on the 1st floor of the building.

2 rooms office  

office room # 6 approx 12.4 x 9.4       

and front room appr 8 x 9 -office room # 5

plus use of reception room  16.6 x 7.2

and use of storage area in basement

         

$600 per month  [was $700]

Call 732-572-0500

    Owner of building is local attorney, Kenneth Vercammen who handles Personal Injury, Elder Law, and Criminal Law. 

Important Election information from Ken Vercammen, candidate for NJ State Bar 2nd Vice-President

Important Election information from Ken Vercammen, candidate for NJ State Bar 2nd Vice-President

         I am grateful for the four hundred NJ attorneys who signed my petition for the open Vice-President position. I ask you to vote for me so I can continue to help our NJ attorneys.

This election you have a choice of three excellent candidates- a Criminal Law/Municipal Court attorney, an Employment Law attorney and a Government attorney. I practice in New Jersey and handle municipal court, criminal, probate and civil matters throughout NJ. I know the struggles you have traveling to different courts in NJ on the same day. I am running to help. I passed the New Jersey and Pennsylvania Bar exam in 1985 and the New York Bar in 1986. Attorneys need an advocate to look out for them.

Throughout my career I have served the NJSBA in many leadership and volunteer positions. The most important issue facing the NJSBA is helping our solo/ small firm and young lawyers. Many have limited funds and cannot afford dues and the increasing high costs for CLE. The bar association’s mission should be to help its lawyer members, not schedule expensive trips to foreign countries using bar dues.

         As a bar leader I will to continue to testify in Trenton on issues that effect lawyers and our ability to serve our clients. I has testified in 2013 for the NJSBA before the Senate Judiciary Committee to support changes in the DWI law to permit restricted use driver license and interlock legislation.

Updated NJ State Bar Election 2013 Details:

    The NJSBA is using a company Votenet to administer the election to fill the 2^nd Vice President position. For all members who have an active email address on file, the online ballot and voting instructions was emailed on April 15. You will not receive a paper ballot unless you call Votenet and request one. Save that April 15 email and follow those directions. The voting is from April 15- May 6.

You can also vote by paper ballot by calling “Votenet” at 866-543-8750. You will need to provide your NJSBA membership ID number. (You may obtain your membership ID number by contacting NJSBA member services at 732-249-5000 (press 1) or at info@njsba.com.)

Short bio on the NJSBA election website: Ken Vercammen is Past Chair of the Municipal Court Section. He is co-chair of the ABA Criminal Law Committee of the Solo Division. He wants to help the small firm lawyers who go to New Jersey Municipal Courts and Superior Court on a daily basis and struggle with being in two places at once.

 Ken is author of the American Bar Association's 2013 book “Criminal Law Forms” and often lectures to trial lawyers of the NJICLE- NJ State Bar Association, the ABA and Middlesex County Bar Association.  

Ken was awarded the Municipal Court Attorney of the Year by both the NJSBA and Middlesex County Bar Association He also received the NJSBA- YLD Service to the Bar Award and the General Practitioner Attorney of the Year, now Solo Attorney of the Year. He is also a volunteer speaker for ICLE’s 2013 Elder Law and Estate Administration seminar, and new co-chair of the ABA Probate and Estate Administration Committee, Solo Division.

    Ken Vercammen created the Free NJ Criminal and Traffic Statutes Mobile app for IPhone and Android phones. This free app was created to help attorneys, prosecutors, judges and police officers giving quick access to New Jersey Criminal and Traffic statutes.

    To download the free app, for IPhone, take IPhone, hit apps, and then search “njlaws”. If on Computer, go to ITunes, then search in ITunes store the word “njlaws”. For Androids, Blackberry etc, Go to https://play.google.com/store, Type in search vercammen, then Click install

         Ken Vercammen’s resume with qualifications is online at http://www.njlaws.com/resume1.htm.

         You and your staff are invited to July 19 Happy Hour at Bar Anticipation in Belmar from 5-8pm co-sponsored by the NJSBA Municipal Court Section.   

How to Appeal Your New Jersey Property Taxes and Win

How to Appeal Your New Jersey Property Taxes and Win

Free Seminar for property owners in Edison, Woodbridge, North Brunswick, Piscataway

Dunellen

Middlesex

South Plainfield

Metuchen

Perth Amboy

Carteret

Highland Park

New Brunswick
Milltown

East Brunswick

South River

Old Bridge

Spotswood

South Brunswick

Plainsboro

Cranbury

Monroe

Jamesburg

Helmetta

March 6, 2013 12 pm to 1 pm

Where: Law Office of Kenneth Vercammen & Associates

2053 Woodbridge Ave, Edison, NJ 08817

Speaker John Papp- A State Certified New Jersey Property Appraiser will reveal secrets about the NJ Tax System that keeps most property owners Over Paying on property taxes, because they don't understand the confusing NJ tax system.

Why: Because lower real estate property values have finally given homeowners a fighting chance to lower the property assessment that property taxes are based on.

Come Learn to Play The New Jersey Tax Appeal Game

 Tax Appeal Game Rule Number 1:

 Never Play The Game Unless You Understand the Rules.

 Seating Limited to first 15 registered people.

Email vercammenlaw@njlaws.com to register NOW. Email only and speaker indicates for March 6- only property owners in above towns     732-572-0500

1) Please bring copy of Your Recent Tax Assessment Notice Card. This was sent to all homeowners on or around February 1st, 2012 by your local tax assessor office. This gives details on how to appeal your assessment and addresses to sent appeal. This card says "THIS IS NOT A BILL".  It has your taxes paid last year and current 2012 tax assessment for your home.

 2) Bring the last quarter Tax Bill with you that was sent by township.

 3) If you can go to the tax assessor’s office, every homeowner has a right to review and receive their property record card. This is the worksheet for everything the tax assessor has calculated the value of your home. Lot size, square footage, decks, pools, improvements, etc.  

 4) If you have had the home appraised in the past few years, this will save time. This OLD APPRAISAL can't be used for tax court, but the information from the past appraisal is very useful for preparing evidence for you tax appeal case.