14 Sep Hardship Stays Under N.J.S.A. 2A:42-10.1
Under New Jersey landlord tenant law, there are only a limited number of reasons why a stay may be granted delaying a lock-out after a judgment for possession has entered. One is a known as a hardship stay. The Tenant Hardship Act, N.J.S.A. 2A:42-10.1, permits a landlord tenant judge, in their discretion, to stay the lock-out for up to six months. But in order for a tenant to makes this application they have to meet a significant requirement. The stay may only be granted so long as: 1) all arrearages in rent, including court costs, plus current rent must be paid in full; 2)the tenant is not disorderly; 3) the tenant does not willfully damage the premises; and 4) payment is made when due for the use and occupancy for future periods. This application is predicated on the landlord receive all of the rent due under the lease. It also needs to be understood that the that the length of the hardship stay is largely in judge’s discretion and under no circumstance can it exceed six (6) months.