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Saturday, February 21, 2015

Procedures and Fees for Evictions

Procedures and Fees for Evictions 

A. Service and Execution of Warrant for Removal 

A warrant for removal cannot be executed by a Special Civil Part Officer earlier than the third business day after service on a residential tenant. This additional three day period does not apply to commercial tenancies; the Special Civil Part Officer may proceed to evict a commercial tenant on the day a warrant is served. The warrant must be executed between the hours of 8:30 a.m. and 4:30 p.m. on a day when court is in session in order to permit the tenant to seek relief from the warrant while the court is still in session that day. 
A Special Civil Part Officer who has reason to believe that a breach of the peace may occur during the execution of the warrant for removal should request assistance from the local police department. The police cannot execute the warrant, but they can stand by to prevent a breach of the peace. 28 

B. Officer Fee for Issuance/Execution of a Warrant for Removal in Tenancy Actions 
The court charges a landlord $35.00 for issuance of the warrant for removal in tenancy actions. The Special Civil Part Officer is paid $10.00 from this fee, for service and execution of this warrant of removal, pursuant to N.J.S.A. 22A:2-37.2(a)(8). 

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