Between increasing rent and decreasing supply of quality, affordable housing, tenants are left with few good options on where to live. The options are even more limited when a tenant faces an eviction, which is a legal attempt to remove them from their home. Even worse, once someone is evicted, they likely have a “black mark” that in some states could come up during a tenant background check. This makes it extremely important for tenants facing eviction to find out what their rights are and to speak with an attorney as soon as possible.
To help provide a useful starting point for tenants either facing or at risk of an eviction, below is a brief overview of some of New Jersey’s eviction laws. It is not a complete guide to all of a tenant’s rights, and it does not take the place of speaking with an attorney for individual advice regarding your situation.
What to Do Based on Your Eviction Situation
Eviction laws vary from state to state. There are also several reasons why a tenant can face eviction, and different defenses may be available based on the reason for eviction. The most common reason for eviction in New Jersey is nonpayment of rent, which will be the main focus of this article.
An Eviction Lawsuit Has Not Been Filed Yet
Before an eviction lawsuit is filed, you can still take steps to help your situation.
Read any notices carefully. Some reasons for eviction require a notice before a complaint is filed with the court. Tenants living in federally-subsidized housing may receive a Notice to Quit before a complaint is filed for nonpayment of rent. This notice can have important information and, if you live in subsidized housing, may tell you that you have a right to the termination of your tenancy with the landlord before an eviction case is filed.
Consider talking to your landlord. If you’ve fallen behind on rent, but are able to pay moving forward, you may be able to make a payment plan with your landlord without an eviction case being filed. If your landlord asks you to sign a written agreement, be sure to read it carefully and understand what you are agreeing to do. Agreements should be voluntary.
Some rental assistance programs may require an eviction complaint before they can provide assistance. It is still better to reach out early and learn the requirements than to wait too long and miss out on help altogether.
An Eviction Lawsuit Has Been Filed
Once an eviction lawsuit is filed, you will receive a summons and complaint served by the court. Read these documents carefully. The court should also include materials on the eviction process and law that is helpful to read.
Check to see if the summons and complaint have your phone number and email address. If your email address is not provided, you may want to call the court and provide your email address to get some future notices by email.
Start preparing to respond to the case. You do not need to file an answer to the complaint in writing, although the court does have a Tenant Case Information Statement tenants should complete.
The first and only court date is your trial date. You must attend trial to avoid a default, which would allow the landlord to move forward with the eviction. When you attend the trial, you must be ready to present your case. For example, if you are going to say you paid the rent the landlord is asking for in the complaint, you should bring receipts showing payment to court. Any other documents or papers you want to show to the judge as evidence will need to be printed. If you need witnesses to tell the judge information, they should also come with you on your court date.
Again, look for other available resources, like rental assistance or advice from a lawyer, if you need them. It is better to look for help before your trial. Once a judgment is entered, it will be harder for a lawyer to provide help. Rental assistance also takes time, so the earlier you apply, the better.
The Court Has Already Ruled You Can Be Evicted
If the court has ruled you can be evicted, they will enter a Judgment for Possession. If this Judgment for Possession is because of nonpayment of rent, you still have the ability to pay all rent that is due and owing until 3 days after a lockout. If you are being considered for rental assistance or saving up the money that is owed, you still have time to pay.
A lockout cannot happen earlier than eight days after the entry of a Judgment for Possession. It can take longer for a lockout to occur because it must be done by a court officer. The notice telling you when a lockout will happen is called a Warrant of Removal. This Warrant of Removal will be personally served (given to someone in your household) or left on the door.
To stop a lockout, a tenant can file an Order to Show Cause. When filing an Order to Show Cause, a tenant should be prepared to bring any proof or evidence showing why the judgment should not have been entered. The tenant also must notify the landlord or the landlord’s attorney the filing is going to happen.
If the court denies the Order to Show Cause, they will sometimes, but not always, offer an Order for Orderly Removal. This gives the tenant a short amount of extra time to move. Any tenant offered an Order for Orderly Removal should listen carefully to any conditions included. Sometimes, one of the conditions is that any property left behind after the new lockout date is considered abandoned by the tenant.
Eviction Protection in New Jersey
Most tenants in New Jersey are protected by the Anti-Eviction Act. The Anti-Eviction Act lists 18 reasons why a tenant can be evicted. Tenants can still have defenses even if the landlord picks a reason from that list. For example, a tenant facing eviction for nonpayment of rent can say they have paid all of the rent or that they can pay the amount of rent due.
New Jersey tenants are also entitled to a trial. A landlord cannot evict a tenant without going through the court process, which includes a trial. The landlord and tenant can settle before trial, but both parties, the landlord and the tenant, must agree to settle.
Even if the landlord wins at trial or the parties agree as part of an eviction case the tenant will leave by a certain date, the landlord cannot remove the tenant themselves. The removal process must happen after the court serves a Warrant of Removal which will state the lockout date when the tenant must leave. If the tenant does not leave, a court officer must do the lockout or removal.
Volunteer Lawyers for Justice’s Pro Bono Eviction Lawyers Are Here to Help
Volunteer Lawyers for Justice (VLJ) is a nonprofit legal services organization (sometimes referred to as “legal aid”) based in Newark, New Jersey. Our mission is to ensure access to justice for people experiencing poverty. One way we do that is by providing free legal help to eligible tenants. Tenants must live in Essex County, New Jersey, have an upcoming trial date in their eviction case, and be financially eligible for our services.
To qualify for free legal help from VLJ, interested tenants should contact us to be screened for services and sign up for our weekly advisory clinic using this link: www.vljnj.org/evictionPotential Resource for Help
New Jersey Department of Community Affairs - Office of Eviction Prevention: https://nj.gov/dca/dhcr/offices/dhcroep.shtml
