Obtaining Warrant for Removal after eviction hearing
fill out Certification for Landlord, have landlord or agent sign and filed with court.
Fill out Attorney Certification to request Judgment for Possession.
After a landlord obtains a judgment for possession, the landlord may apply to the Office of the Special Civil Part for a Warrant for Removal, which permits the landlord to force the tenant to move out of the rental premises. Only the landlord or landlord’s agent can apply for the Warrant for Removal. Our law office as attorney cannot sign the Warrant for Removal.
The fee for a warrant of removal is $35 plus the applicable Special Civil Part Officer’s mileage fee. A second mileage fee will also be required to be paid to the Special Civil Part Officer directly, if it is necessary for the officer to revisit the residential rental property and execute the same warrant of removal that the officer previously served upon the tenant. The Special Civil Part Office staff can inform the landlord of the applicable mileage fees. The warrant of removal may not be issued to a Special Civil Part Officer until the expiration of three (3) business days (not counting the court day) after the judgment for possession is granted.
The Special Civil Part Officer is required to provide a residential tenant at least three (3) business days to move all persons and belongings from the premises. Again, this date does not include holidays, weekends or the date that the warrant of removal was originally served by the Special Civil Part Officer upon the residential tenant. The Special Civil Part Officer is not required to provide a commercial tenant with any three business day notice, as the officer can serve the warrant for removal and evict the commercial tenant at the same time.
If the residential tenant does not move out after three (3) business days from the date that they were served with the warrant of removal, the landlord must arrange with the Special Civil Part Officer directly to have the residential tenant evicted or locked out. The Special Civil Part Officer will tell the landlord the fees charged for this eviction, which cannot be greater than $50, and the landlord pays this fee and the second mileage fee to the Special Civil Part Officer directly.
Following the eviction, the landlord must allow the tenant remove personal belongings from the premises. If a tenant vacates the rental premises but fails to move their personal belongings, the landlord must still comply with the provisions of the New Jersey Tenant’s Abandoned Property statute. Source:
Middlesex Tenancy 732-519-3754
More details at http://www.kennethvercammen.com/landlord.html
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.
The court will fill out a court form that says in part
To: Name of Court Officer
(Special Civil Part Officer)
You are hereby commanded to dispossess the tenant and place the landlord in full possession of the premises listed above. Local police departments are authorized and requested to provide assistance, if needed, to the officer executing this warrant.
To: Name of Defendant
You are to remove all persons and property from the above premises within three days after receiving this
warrant. Do not count Saturday, Sunday and holidays in calculating the three days. If you fail to move within three days, a court officer will thereafter remove all persons from the premises at any time between the hours of
8:30 a.m. and 4:30 p.m. on or after ________________ (month) _____________ (day), _____________ (year).
Thereafter, your possessions may be removed by the landlord, subject to applicable law (N.J.S.A. 2A:18-72 et
seq.). The 3 day provision applicable to residential tenants does not apply to commercial property. Commercialtenants may be evicted at the time the warrant is served.
It is a crime for a tenant to damage or destroy a rental premises to retaliate against a landlord for starting an eviction proceeding in court and in addition to imposing criminal penalties the court may require the tenant to
pay for any damage.
You may be able to stop this warrant and remain in the premises temporarily if you apply to the court for relief. You may apply for relief by delivering a written request to the Clerk of the Special Civil Part and to the
landlord or landlord's attorney. Your request must be personally delivered and received by the Clerk within three days after this warrant was served or you may be locked out. Before stopping this warrant, the court may include
certain conditions, such as the payment of rent.
You may also be eligible for housing assistance or other social services. To determine your eligibility, you must contact the welfare agency in your county at (address) ,
telephone number (XXX) XXX-XXXX. Only a court officer can execute this warrant. It is illegal and a disorderly person’s offense for a landlord
to padlock or otherwise block entry to a rental premises while a tenant who lives there is still in legal possession. A landlord can only do these things in a distraint action involving non-residential premises. If your property has
been taken or you have been locked out or denied use of the rental premises by anyone other than a court officer who is executing a warrant of removal you can contact the Special Civil Part Clerk’s Office for help in (a)
requesting an emergency order to return your property and/or put you back into your home; and/or (b) filing a lawsuit requesting a judgment for money……