Below is the procedure for applying for a Hardship Stay of the Warrant of Removal, or in the alternative to vacate the Judgment for Possession.

1. Go to the clerk’s office in the Special Civil Part of the courthouse where your eviction hearing was held. Bring with you a copy of the Warrant of Removal.
   
   
2. At the clerk’s office, request a copy of the forms to apply for post-judgment relief to stop the eviction in tenancy actions and tell the court clerk what it is that you need. (The court clerk is required by court rule to provide those forms for you). Or click on the link below for sample forms that you can print, fill out and file with the court.
   
   
3. Fill out the Order to Show Cause with all the information that applies to your situation. Below are examples of the type of information that you may want to include in your application. Choose the information that applies to your situation and include it in your Order to Show Cause.
   
   
   1. The fact that all of the rent that you owe has been paid or you the fact that you are now able to pay the rent that you owe.
      
      Note: You will not be able to obtain a Stay of the Warrant of Removal Rent unless you can pay all of the rent that you owe on the day you go to court.
      
      
   2. The fact that you have not been able to find another place to live.
      
      
   3. If you need more time, an explanation of how requiring you to leave your apartment right now is a hardship to you and your family.
      Examples of hardship would be:
      • You are sick
      • You are disabled
      • You are elderly
        
        
   4. You have a new place but cannot move in right away.
      
      
   5. (If you also want the court to throw out the judgment), an explanation of why requiring you to leave your apartment is not legally justified: Examples of legal reasons why you should not have to leave your apartment might be:
      • The landlord did not give you any notice of the problem before filing a complaint.
      • You never received a summons and complaint from your landlord.
      • You offered to pay all the money that you owed to your landlord on the date of the hearing but he/she refused it accept it.
      • You did not appear in court because your landlord told you not to go to court.
      • You did not appear in court because you were sick.
        
        
4. Getting a Return Date - After you file the papers you will get a hearing date or “return date” from the court telling you when the court will hear (consider) your Order to Show Cause “OTSC”. The judge will normally review your papers and sign an Order which gives you a return date. The return date is the date when you and the landlord will return and appear before the judge.
   
   
5. Notice to the landlord: Usually notice is given to the landlord by sending his/her attorney a copy of the application forms and the order signed by the judge. The landlord can apply to the court to reverse the order but he/she must give you notice that he/she is going to contest the order.
   
   
6. What Happens on the Return Date?
   
   On the return date of the OTSC you and the landlord will both appear. You will offer your reasons why the relief that you are requesting should be granted. The landlord will offer his/her reasons why the relief that you are requesting should not be granted.
   
   Note: Be aware that you may not win your application. For that reason, you should not stop preparing to move. Make arrangements to store your belongings and find another place to stay temporarily. It is always best to be prepared for the worst just in case you are unsuccessful in your application to the court.

Click below for forms to use to apply for a Hardship Stay of the Warrant of Removal and to Vacate the Judgment For Possession