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Home Page > Housing > I Rent My Home > Removals_ Stays_ and Vacating Judgments > Illegal Lockout > I was locked out of a hotel or motel > I am a tenant living in a hotel/motel

The landlord locked me out of my rental unit without first going to court

 

There are several things that you can do If your landlord locks you out of your rental unit without first going to court.

  1. 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 lock you out of your rental unit without following the law.

    A police officer who responds to your call must ask the landlord for valid execution of warranty for possession filled out by a specified court officer. The only way for a landlord to get this warning 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, 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 in your home.

    See The Nuts and Bolts of Fighting Evictions for more information.

  2. 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 a list of regional Legal Services Offices and phone numbers.

    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.

  3. 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 into your rental unit (possession of the rental unit) and for damages (money that it cost you because of the landlord’s illegal lock out). Sometimes the judge can award to you triple damages if he or she decides that for some reason he or she cannot allow you to continue to live in your rental unit. To file the Complaint and Order to Show Cause follow the directions below.

    1. 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 that you want the court to award you money damages to cover any losses that you have suffered as a result of the illegal lock out. The facts in your complaint should support your position and show that your landlord illegally locked you out of your apartment or room. You are stating these facts under oath and certifying that they are true.

    2. Order to Show Cause For Return to the Premises
      Prepare and file with the court a form called an “Order to Show Cause For Return to the Premises”. 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 judge may also order the landlord to let you back into your apartment or room even before the landlord gets a chance to appear in court and respond to your complaint.

 

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Low-income New Jerseyans can get free legal help by phone: call our toll-free hotline at 1-888-LSNJ-LAW (1-888-576-5529), Monday through Friday, 8:00 a.m. to 5:30 p.m. Outside of New Jersey, please call 732-572-9100 and ask to be transferred to the hotline.