Judgment for Possession / Warrant of Removal

If judgment for possession is entered after failure to pay, the landlord will be able to have the tenant evicted by a Special Civil Part Court officer. A landlord cannot personally evict a tenant. Only a court officer can evict a tenant in New Jersey. The landlord must first obtain a warrant of removal from the Special Civil Part Clerks Office. This is permitted only after the judgment for possession is entered in favor of the landlord. The court officer requires this warrant of removal to evict any tenant in New Jersey.

A warrant of removal can be issued only after the expiration of three business days, which are Mondays through Fridays, excluding holidays, and not including the court day, from the date the judgment for possession is entered. In the case of a seasonal rental, however, the warrant must be issued within two days from the day the judgment for possession is entered. Once the warrant of removal is served on a residential tenant, the landlord must wait three business days, which are Mondays through Fridays, excluding legal holidays, and not including the day the warrant of removal is served upon the tenant, before an eviction can be scheduled. A commercial tenant, however, can be evicted by a court officer at the same time that the warrant is served.

A tenant can promptly apply to the court to vacate the judgment for possession, to obtain an Order for Orderly Removal, which grants more time to move out usually not exceeding seven calendar days, or for a hardship stay, which could stop the eviction for no more than six months. To request any such relief, contact the Special Civil Part Clerks Office. A tenant can apply for a hardship stay up to 10 days after the tenant has been evicted. The tenant must notify the landlord of any application to have the eviction stopped or delayed.

When applying for a hardship stay, the tenant could be required to pay all rents owed into court, plus costs. The tenant also could be required to pay all future rents into court when due, or as otherwise ordered by the judge, for the duration of the stay.

Enforcement of Settlements and Consent Judgments To enforce a settlement or consent judgment that allowed the tenant to stay in the rental premises or to vacate at a time certain, while also paying an agreed upon amount, the landlord or tenant must file a certification, which is a formal statement of the facts of the alleged breach, or violation, and the desired relief. A copy of the certification must be sent to the other party by regular and certified mail or the other partys attorney, if there is one, by regular mail or, if directed to a tenant, it can be posted on the door of the tenants rental premises.