Arthur R. Panza
Attorney at Law
PO Box 244
228 Kings Highway East Haddonfield, NJ 08033
Member: Pennsylvania and New Jersey Bars
NJ Tel: (856) 428-2121
Fax: (856) 216-9035
PA Tel: (215) 923-3079
New Jersey tenants’ rights after the Eviction Hearing
If the Landlord is granted judgment for possession in Court, there are still remedies available to New Jersey tenants. Said tenants can file for Orderly Removal, Hardship Stays or Rules to Show Cause.
New Jersey Landlords who are granted judgment for possession do not have to give tenants more time to pay the rent or vacate premises. However, if a tenant just needs more time to move, the tenant can file for Orderly Removal with the Court. If granted, the Judge can grant an additional seven (7) days to vacate the premises. Generally, the tenant does not have to post rent with the Court but must vacate in accordance with the Judge’s order. Otherwise, the Landlord can execute the warrant of removal.
If a judgment for possession is entered, New Jersey tenants can also file for Hardship Stays and receive up to six additional months to vacate premises. Hardship Stays must be filed with the Court and relief requested in accordance with N.J.S.A. 2A:42-10.1 and/or NJ.S.A. 2A:42-lO-6. Tenants must prove that they have been unable to locate other housing. Assuming rentals are due, said rentals must be paid into the Court and all ongoing rentals must be paid to the Court during the time the tenant remains on the premises. Hardship Stays will not be granted unless the rent is paid and moreover, the Court still has discretion as to whether the Stay will be granted. Granting the Stay does not necessarily mean the tenant will receive an additional six months to vacate. The Court can give a shorter period of time to move.
If a Stay is granted and the tenant fails to comply with all terms of the Court’s Order granting the Stay, the landlord can proceed to execute the warrant of removal resulting in eviction. There may be cases in which the tenant did not receive the Eviction Summons and Complaint, paid the rent in full on a non-payment of rent case or did not appear in Court because the Landlord said the case was settled. In those instances, among others, a tenant can file for a Rule to Show Cause with the Court questioning the legality of the eviction. Any rental arrears and costs must be paid and after hearing, the Court has authority to vacate a judgment for possession if in the interests of justice.
This article is a brief summary of tenants’ rights after the Eviction hearing and is not offered as legal advice. Tenants should seek assistance from experienced Landlord and Tenant counsel before filing for Orderly Removal, Hardship Stays or Rules to Show Cause.
Arthur R. Panza, Esquire
* Arthur R. Panza, Esquire has practiced Landlord and Tenant law in Pennsylvania and New Jersey for 36 years and 25 years respectively.