View Full Version : Failure to pay rent in an apartment?
jtk2010
08-30-2010, 08:24 PM
We have not been able to pay our rent for the month of August due to some unforeseen financial hardships. We may not be able to pay for a couple of weeks. We haven't gotten a court date yet but I know it will be here this week being that it's past 30 days. Can anyone tell me what is going to happen if/when I go to court over this? Do they just evict me and my family for failure to pay? Am I given an amount of time to come up with the back rent before they will evict me? Any help will be appreciated.
JUDGMENT FOR POSSESSION
If a landlord is granted judgement for possession, the landlord may apply to the Clerk of the Special Civil Part for a warrant for possession, which allows the landlord to force the tenant to move out of the premises. The fee for a warrant for possession is $15.00 plus double the amount of the mileage fee. The warrant for possession may not be issued until three (3) business days (not counting the court day) after the judgement for possession is granted. The warrant for possession will be issued to a Court Officer to serve on the tenant.
The Court Officer must give a residential tenant three (3) business days to move all persons and belongings from the premises. If the tenant does not move after three (3) business days from which the warrant for possession was served, the landlord may arrange with the Court Officer to have the tenant evicted or locked out. The Court Officer will tell the landlord the fee charged for an eviction.
Following the eviction, the landlord must let the tenant remove personal belongings from the premises. A landlord cannot keep a tenants's belongings, but can arrange for their storage.
A landlord must apply for a warrant for possession within 30 days from the date of the judgement for possession unless the judgement is stopped through a court order or other written agreement signed by the landlord and the tenant.
A tenant may ask the court for permission to stay in the premises due to special difficulties that moving out may cause. If permission is granted, the tenant may not stay in the premises for more than six months. All rent due ordinarily must be paid for permission to be granted by the court.
http://www.judiciary.state.nj.us/civil/civ-04.htm
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