19 Aug What Happens After an Eviction Court Date in New Jersey?
While evictions in New Jersey have dropped in recent years, there are still thousands of cases every week. Most tenants don’t know what happens after an eviction court date and could go in unprepared or blindsided by the outcome.
Here is what you should know as a tenant.
Facing the Warrant for Removal
After a court date for eviction where the judge approves the eviction, they’ll send a court officer to carry out the eviction.
The tenant is offered three choices following the eviction. The either have to move out in three days, can contest the warrant, or be evicted by a court officcer.
Sometimes, the landlord and tenant will agree to a longer time frame. If the landlord and tenant don’t figure out a time, the court officer can remove the tenant and padlock the door. Court officers can even remove tenants’ belongings and put them on the curb.
Warrants for removal give New Jersey court officers the power to arrest or use force. Leaving the premises peacefully is your best bet to stay out of trouble if officers come to your door.
Delaying the Warrant
If you need more time to move, appeal, or get things together, you can stay the warrant for a few weeks. The easiest and friendliest way to do this is via an agreement with the landlord. An agreement in writing needs to be filed with the court before this takes effect.
For anyone who needs more time to move, fast action is important. The warrant is going to take effect in three days, so asking the court for an order of orderly removal is a way to help. You can get an extra week with this order.
For tenants who are facing serious hardship and who can’t find another place to live, a hardship stay of eviction is possible. All rent must be paid or the ability to pay needs to be proven. During this period, rent is paid but the tenant needs to move in about six months or more if the issue is severe.
Terminally ill people who owe no back rent can be offered a stay as well. If the tenant has been in the same place for two years and it could cause medical harm to move, the tenant may be granted a stay.
Overturning the Warrant
Even after an eviction ruling has been handed down, it’s possible to vacate the judgment.
Some tenants in New Jersey are able to get back into a home after a lock out if they never got the summons or complaints. If the warrant for removal is the first court paper the tenant received about legal action, the judge will rule in their favor.
The tenant can also prove that they should have won the case. If the tenant was wrongly told by the landlord that they didn’t have to go to court, they can also get back into their home.
What Happens After an Eviction Court Date Can Impact Your Life
After you’ve received an eviction notice, you might be on edge about your future as a tenant. You could be impacted in your next home by what happens after an eviction court date. While you should avoid eviction by whatever means, there are cases that are simply unavoidable or issues that you can’t plan for.
Check out our guide to learn more about lease agreements and how they impact a landlord’s ability to evict.