If your landlord took you to court to try to get you out of your apartment or room and won, then the court officer has a right to lock you out of the apartment or room. However, this must be done in an orderly fashion according to the law after you receive a warrant of removal. Below is a list of the actions that the court and the landlord must take in order to properly evict you according to the law.
- If you were not successful in tenancy court, or if you did not appear in court when you were ordered to appear, the judge signed an order called a judgment for possession or an order of eviction.
- Three or more business days (not counting weekends or legal holidays) after the judge signs this order another order called a warrant for removal can be issued by the court clerk to the constable. (The constable is a special court officer who’s official duty is to serve this warrant on you).
- As soon as possible after the constable gets the warrant, he or she will serve it on you.
To be Served means that the constable has to deliver a copy of the warrant to you at your home at least three days before coming out to do the actual eviction. This must be done in the following ways:
- The constable must mail a copy of the warrant to you by certified and regular mail; AND
- EITHER deliver a copy of the warrant to you personally (in person) OR
Attach a copy of the warrant to the door of your apartment.
- What the warrant for removal must tell you:
- That self-help evictions are now disorderly persons offenses.
- The earliest day on which the special court officer can come back to evict you.
- You then have three choices about what to do.
- You can move out within three days voluntarily and avoid being evicted by the constable.
- You can ask the court for a new court date so that you can go back to court to stay (stop) the warrant of removal. Ask the clerk in the Special Civil Part for the documents that you will need to fill out in order to apply to the court to stop the warrant.
- You can stay in the apartment until the special court officer comes to your apartment and removes you from the premises. However, when the special court officer arrives you must leave in a peaceful manner. If you destroy the landlord's property on purpose, you may be charged with criminal mischief and maybe required to pay the landlord for the damage.
- You can see if your landlord is willing to allow you to continue your tenancy. If you can work out an agreement with the Landlord, make certain to put that agreement in writing and notify the court of the agreement. This will make it easier to legally hold the landlord to his end of the agreement if that becomes necessary.
NOTE – THE LANDLORD IS NOT ALLOWED TO JUST LOCK A TENANT OUT RIGHT AFTER YOU LEAVE THE COURT. If this happens, call the police.
View a directory of Police Departments in New Jersey Municipalities.
If the landlord does not have this document, 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 persons offense.
- Protect you and see tht you can get back into your home
See The Nuts and Bolts of Fighting Evictions for more information. |