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
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