Tenant Warrant for Removal: What to Expect

If you are a residential tenant in New Jersey and your Landlord obtains a Judgment for Possession, you will need to start packing your belongings and expect a visit from a Special Civil Part Officer.  Once a Landlord obtains a Judgment for Possession from the Court, the Landlord may apply to the Clerk of the Court for a Tenant Warrant for Removal and pay the appropriate fee.  After a three (3) day period, not counting the day the Judgment for Possession was granted by the Court, the Warrant for Removal may be issued to the Special Civil Part Officer for service on the Tenant.

The Special Civil Part Officer is required to give the Tenant at least three (3) business days, not including holidays or the date the Warrant for Removal was served on the Tenant, to remove his or her belongings from the premises.  If the Tenant does not move out after three (3) days, the Landlord must make arrangements with the Special Civil Part Officer, including payment of a fee, to have the Tenant locked out of the premises.  The Landlord must permit the Tenant to remove their belongings after the eviction takes place.  If the Tenant fails to remove their belongings, the Landlord can move the items into storage and must provide the Tenant with the appropriate notices in accordance with the Abandoned Property statute prior to discarding of the belongings.

A Tenant can request more time to remain in the premises by applying to the Court for a stay of the Warrant for Removal.   A Tenant seeking a short extension, up to seven (7) days, can request an Order for an Orderly Removal.  A Court can grant more time, up to six (6) months, upon the Tenant showing that he or she will suffer a hardship because other dwelling accommodations are not available.  However, in order for the Court to grant a stay, the Tenant must pay all rent that is in arrears, the current rent, must not be disorderly and can not willfully damage the premises.  The Tenant must also remain current will all rent payments during the extension period.

 If you are a residential Landlord or Tenant with questions regarding a Lease or eviction proceedings, the lawyers at LevinCyphers are experienced in Landlord Tenant Law and are ready to assist with your legal issues.