There are several things that you should do if your landlord holds or takes your personal belongings or furniture without going to court first.
- Call the Local Police
View a directory of Police Departments in New Jersey Municipalities.
There is a new law that makes it a disorderly person's offense for a landlord to force you out of your apartment by taking your property without the following law.
A police officer who responds to your call must ask the landlord for a valid execution of warrant for possession filled out by a special court officer. The only way for a landlord to get this warrant is by first going to court and getting a legal court order called a warrant for removal. If the landlord does not have a valid execution of warrant for possession, the police officer must:
- Tell the landlord to stop trying to evict you.
- Stop the landlord if he or she does not stop trying to evict you.
- Charge the landlord with a disorderly person's offense.
- Protect you and see that you get back into your home.
See The Nuts and Bolts of Fighting Evictions for more information.
- Try to Get an Attorney
If you are a low-income New Jersey resident, you may be eligible for legal help from a Legal Services office in your area. Press here for a list of the addresses and phone numbers of those offices.
View addresses and phone numbers of regional Legal Services Offices.
If you are not eligible for assistance from Legal Services, you may want to try to get a private lawyer. To do this, call the lawyer referral service of your county bar association.
View information about New Jersey State Bar Association lawyers referral services.
- File a Complaint and Order to Show Cause in the Special Civil Part of the Superior Court.
If you are unable to get an attorney, file a Complaint and Order to Show Cause in the Special Civil Part of the Superior Court for the right to get back your personal belongings. To do this follow the directions below.
- Verified Complaint
Prepare and file a form called a “Verified Complaint.” This document explains to the court what the landlord has done and tells the court what relief you want.
- Order to Show Cause For Return of Personal Property and Restraints
Prepare and file with the court a form called an “Order to Show Cause For Return of Personal Property and Restraints.” An Order to Show Cause ( “OTSC”) is a way to get into court fast when there is an emergency. The OTSC is actually filled out by the judge on the first day that you appear in court. It gives the landlord notice of the fact that you are suing him or her and tells him or her when to appear in court to give a response to the things that you are reporting to the court. The facts in your complaint support your position to show that your landlord illegally took your possessions. You are stating these facts under oath and certifying that they are true. The judge may also order the landlord to give you back your belongings even before the landlord gets a chance to appear in court and respond to your complaint.
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