When you still cannot pay your rent but are only asking for a little extra time to stay in your apartment (up to seven days), you may apply for a special order that will allow you to remain in the apartment for a short period of time (usually seven days or less). The special order that you apply for in this situation is called an Order for Orderly Removal. Below is a description of the steps that you must take to apply for an Order for Orderly Removal
- 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 for Removal.
- 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).
- Fill out the Certification in Support of The Order to Show Cause. Below is a list of information that you must include in your papers
- The fact that you need a short amount of additional time to remain in the apartment.
- Why you need to remain in the apartment. (Ex: You have a new place to move in to but cannot get in there for a few more days, you need a little more time to move your belongings out of the apartment, etc.)
- The fact that you cannot pay your rent, if this is the situation.
Notice to the landlord: Usually notice is given by sending the landlord or 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 must give you notice that he/she is going to contest the order.
Note: If you cannot pay the rent that you owe and you are asking to remain in the apartment for more than seven days the court may require you to give more formal notice to the landlord and to wait until both you and the landlord can appear for a hearing.
Click below for forms to use to apply to remain in the apartment for more than seven days. |
