Fee for Additional Services
The execution of the warrant for removal requires the landlord to contact the Special Civil Part Officer, who originally served the warrant of removal, to schedule the date and time of the Officer’s timely execution of the warrant of removal, in accord with Rule 6:7-1(d). The landlord must provide the Officer with access to the rental property on the date and time that the Officer has agreed to perform the execution. The Officer shall announce his/her arrival at the rental property demanding all tenants, if any, to vacate immediately. The Officer shall inspect the rental property to determine if all tenants have departed. In the event tenants remain at the time of execution of the warrant of removal, and the Officer has reason to believe that they have no intention to leave and/or otherwise may breach the peace, the Officer shall immediately contact the police within the municipality that the rental property is located within, requesting assistance. The Officer shall affix the warrant of removal and the final “Eviction Notice to Tenant” form, or a form comparable thereto, to the primary door of the rental premises. (See Attachment E to this Appendix).
No “additional services,” beyond the execution of the warrant of removal as defined above, is required. For each execution of a warrant for removal in tenancy actions, the Special Civil Part Officer, upon request and agreed to by the landlord or landlord’s representative, may perform additional services beyond the execution of the warrant of removal. The fee for additional services, if any, may not exceed $75. However, the Civil Presiding Judge can permit prior thereto, in writing, for the Officer to charge more than $75 in certain circumstances deemed appropriate by the Civil Presiding Judge, as per Section V., C herein. The additional services fee, if any, and applicable mileage fee for executing the warrant of removal, shall be paid by the landlord directly to the Special Civil Part Officer and the Special Civil Part Officer must indicate the amounts thus received in the spaces designated for that purpose on the warrant and issue a pre-numbered receipt for those amounts to the landlord or landlord’s representative. If the landlord or landlord’s representative does not request and/or agree to pay for any additional services, the Special Civil Part Officer shall execute the warrant of removal only, as defined herein, upon payment of the mileage fee by the landlord, and without performing any additional services.
The Officer can demand the time and manner of payment from landlords in their county of appointment, as permitted by the Assignment Judge. Otherwise, the Officer can only demand payment in advance from a particular landlord if that landlord or their representative previously failed to timely appear within 30 minutes of their scheduled date and time on a previously scheduled warrant of removal execution. The Officer can also demand payment in cash or certified funds from a particular landlord if that landlord or landlord’s representative previously provided a check that had insufficient funds. In 29
either instance, the Officer must first contemporaneously memorialize this in writing to the applicable landlord or landlord’s representative, stating the permissible future basis thereof, and copy the Assistant Civil Division Manager who shall retain a copy. In no event can an Officer retain a fee for anticipated additional services, if those services were in fact not rendered.