Chapter 12 Contents:
Court Rules to Help Tenants
Court rules help tenants understand their rights and help them represent themselves
THE SUPREME COURT OF New Jersey ordered, in Community Realty Management, Inc. v. Harris, 155 N.J. 212 (1998), that procedures be followed to help tenants who represent themselves understand their rights and what will happen in court. Some of these were discussed earlier, but we are repeating them here because of their importance.
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Court instructions
The Supreme Court has adopted instructions that must be read at the start of each session of landlord-tenant court. These instructions are extremely important because they will help you to understand court procedures and some tenants’ rights. Cite: Rule 6:5-2(b).
Important topics covered by the instructions include:
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The calendar call;
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Settlements;
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Waiting for trial—what happens if your case has to be adjourned to another day;
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Nonpayment cases (getting your case dismissed if you pay your rent by a certain time);
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Eviction procedures (the warrant for removal); and
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Stopping an eviction after a judgment for possession.
The instructions must be read in person by the judge. The instructions also must be given in Spanish, but this may be done by videotape.
A copy of the instructions must be served with the court complaint.
A copy of the instructions must also be available in written form in court. The written instructions will also be available in Spanish. If you cannot find the written instructions, ask the clerk of the court.
There must be a second reading of the instructions for latecomers. This may be done by videotape.
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Default judgments
If you do not appear in court on the day of the trial, the clerk of the court will enter a default judgment for possession against you. This means that the landlord can evict you once the landlord takes certain steps. The landlord has to file an affidavit that meets the following conditions:
- The affidavit must state why you are being evicted and set forth the “good cause” required by the statute.
- The affidavit must state that all extra fees (such as late fees and attorney’s fees) that are included in the complaint for nonpayment of rent are permitted to be charged as rent by the lease and by federal, state, and local law. Note: If an attorney represents the landlord, the attorney must sign the affidavit.
- If the eviction requires service of notices such as a notice to quit or a notice to cease, the landlord’s affidavit must have all of the notices attached. The affidavit must state that the landlord served the tenant with these notices and that the facts in the notices are true.
The clerk of the court cannot enter a default judgment against a tenant who is a minor or mentally incapacitated. A court can enter a default judgment against a mentally incapacitated person, but only after it gives the tenant’s guardian five days’ written notice.
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Consent judgments for possession and stipulations of settlement
If you settle a case with the landlord, the settlement may require that there be a judgment for possession entered. This means that you give the landlord the right to evict you based on this settlement.
The settlement must:
- Be in writing;
- Be signed by all parties;
- Contain all of the affidavits required for default judgments (see Default judgments above); and
- Be presented to the judge for approval.
If the settlement requires the tenant to pay rent and also to leave the apartment, it must be reviewed by the judge in person in open court. This will give the tenant the opportunity to ask questions about the settlement.
All other settlements—for example, those where the tenant continues to pay rent and remains in the apartment—can be reviewed by a judge at a later time.
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Enforcement of consent judgments and stipulations of settlement. If you enter into a settlement agreement or a consent judgment, you must live up to its terms. If you do not live up to the terms, the landlord may seek to evict you on the grounds that you have failed to live up to the agreement.
If you fail to live up to the agreement, the landlord must file a certification. The certification must state exactly why the landlord claims you violated the agreement and list the facts to support this position. The certification must be sent to you in the mail or posted on your door. If you receive such a notice, you should contact an attorney.
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Court forms
The Supreme Court has adopted certain forms that may be used in landlord-tenant court. Some of the forms are only for landlords to sign. Other forms are for a settlement or an agreement that provides for a consent judgment. If there is such an agreement, it must be in writing and both parties must sign it. You do not have to use these forms—you may try to use others. You may add to the court forms extra settlement terms that you can agree upon.
You should try to become familiar with and understand the forms before going to court. The forms are:
- Certification by the landlord, and
- Certification by the landlord’s attorney.
There are forms for two types of settlements: (1) where the tenant pays the rent and still agrees to leave; and (2) where the tenant pays rent and it is agreed that the tenant can remain in the premises. The forms are:
- Consent to Enter Judgment (Tenant Remains). In this judgment, the parties agree that the tenant will stay in the apartment.
- Consent to Enter Judgment (Tenant Vacates). In this judgment, the tenant agrees to leave.
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