How do I evict a tenant that is 5 months behind on rent?
Full Question:
Answer:
The following are New Jersey statutes:
2A:18-61.1 Grounds for removal of tenants.
No lessee or tenant or the assigns, under-tenants or legal
representatives of such lessee or tenant may be removed by the Superior
Court from any house, building, mobile home or land in a mobile home park
or tenement leased for residential purposes, other than
(1)
owner-occupied premises with not more than two rental units or a hotel,
motel or other guest house or part thereof rented to a transient guest or
seasonal tenant;
(2) a dwelling unit which is held in trust on behalf of
a member of the immediate family of the person or persons establishing
the trust, provided that the member of the immediate family on whose
behalf the trust is established permanently occupies the unit; and
(3) a
dwelling unit which is permanently occupied by a member of the immediate
family of the owner of that unit, provided, however, that exception (2)
or (3) shall apply only in cases in which the member of the immediate
family has a developmental disability, except upon establishment of one
of the following grounds as good cause:
a. The person fails to pay rent due and owing under the lease whether
the same be oral or written; provided that, for the purposes of this
section, any portion of rent unpaid by a tenant to a landlord but
utilized by the tenant to continue utility service to the rental premises
after receiving notice from an electric, gas, water or sewer public
utility that such service was in danger of discontinuance based on
nonpayment by the landlord, shall not be deemed to be unpaid rent.
b. The person has continued to be, after written notice to cease,
so disorderly as to destroy the peace and quiet of the occupants
or other tenants living in said house or neighborhood.
c. The person has willfully or by reason of gross negligence caused or
allowed destruction, damage or injury to the premises.
d. The person has continued, after written notice to cease, to
substantially violate or breach any of the landlord's rules and
regulations governing said premises, provided such rules and regulations
are reasonable and have been accepted in writing by the tenant or made a
part of the lease at the beginning of the lease term.
e.
(1) The person has continued, after written notice to cease, to
substantially violate or breach any of the covenants or agreements
contained in the lease for the premises where a right of reentry is
reserved to the landlord in the lease for a violation of such covenant or
agreement, provided that such covenant or agreement is reasonable and was
contained in the lease at the beginning of the lease term.
(2) In public housing under the control of a public housing authority
or redevelopment agency, the person has substantially violated or
breached any of the covenants or agreements contained in the lease for
the premises pertaining to illegal uses of controlled dangerous
substances, or other illegal activities, whether or not a right of
reentry is reserved to the landlord in the lease for a violation of such
covenant or agreement, provided that such covenant or agreement conforms
to federal guidelines regarding such lease provisions and was contained
in the lease at the beginning of the lease term.
f. The person has failed to pay rent after a valid notice to quit
and notice of increase of said rent, provided the increase in rent
is not unconscionable and complies with any and all other laws or
municipal ordinances governing rent increases.
g. The landlord or owner
(1) seeks to permanently board up or demolish
the premises because he has been cited by local or State housing
inspectors for substantial violations affecting the health and safety of
tenants and it is economically unfeasible for the owner to eliminate the
violations;
(2) seeks to comply with local or State housing inspectors
who have cited him for substantial violations affecting the health and
safety of tenants and it is unfeasible to so comply without removing the
tenant; simultaneously with service of notice of eviction pursuant to
this clause, the landlord shall notify the Department of Community
Affairs of the intention to institute proceedings and shall provide the
department with such other information as it may require pursuant to
rules and regulations. The department shall inform all parties and the
court of its view with respect to the feasibility of compliance without
removal of the tenant and may in its discretion appear and present
evidence;
(3) seeks to correct an illegal occupancy because he has been
cited by local or State housing inspectors or zoning officers and it is
unfeasible to correct such illegal occupancy without removing the
tenant; or
(4) is a governmental agency which seeks to permanently retire
the premises from the rental market pursuant to a redevelopment or land
clearance plan in a blighted area. In those cases where the tenant is
being removed for any reason specified in this subsection, no warrant for
possession shall be issued until P.L. 1967, c. 79 (C. 52.31B-1 et seq.)
and P.L. 1971, c. 362 (C. 20:4-1 et seq.) have been complied with.
h. The owner seeks to retire permanently the residential building or
the mobile home park from residential use or use as a mobile home park,
provided this subsection shall not apply to circumstances covered under
subsection g. of this section.
i. The landlord or owner proposes, at the termination of a lease,
reasonable changes of substance in the terms and conditions of the
lease, including specifically any change in the term thereof, which the
tenant, after written notice, refuses to accept; provided that in cases
where a tenant has received a notice of termination pursuant to
subsection g. of section 3 of P.L. 1974, c. 49 (C. 2A:18-61.2), or has a
protected tenancy status pursuant to section 9 of the "Senior Citizens and
Disabled Protected Tenancy Act," P.L. 1981, c. 226 (C. 2A:18-61.30), or
pursuant to the "Tenant Protection Act of 1992," P.L. 1991, c. 509 (C.
2A:18-61.40 et al.), the landlord or owner shall have the burden of
proving that any change in the terms and conditions of the lease, rental
or regulations both is reasonable and does not substantially reduce the
rights and privileges to which the tenant was entitled prior to the
conversion.
j. The person, after written notice to cease, has habitually and
without legal justification failed to pay rent which is due and owing.
k. The landlord or owner of the building or mobile home park is
converting from the rental market to a condominium, cooperative or fee
simple ownership of two or more dwelling units or park sites, except as
hereinafter provided in subsection l. of this section. Where the tenant
is being removed pursuant to this subsection, no warrant for possession
shall be issued until this act has been complied with. No action for
possession shall be brought pursuant to this subsection against a senior
citizen tenant or disabled tenant with protected tenancy status pursuant
to the "Senior Citizens and Disabled Protected Tenancy Act," P.L. 1981,
c. 226 (C. 2A:18-61.22 et al.), or against a qualified tenant under the
"Tenant Protection Act of 1992," P.L. 1991, c. 509 (C. 2A:18-61.40 et
al.), as long as the agency has not terminated the protected tenancy
status or the protected tenancy period has not expired.
l.
(1) The owner of a building or mobile home park, which is
constructed as or being converted to a condominium, cooperative or fee
simple ownership, seeks to evict a tenant or sublessee whose initial
tenancy began after the master deed, agreement establishing the
cooperative or subdivision plat was recorded, because the owner has
contracted to sell the unit to a buyer who seeks to personally occupy it
and the contract for sale calls for the unit to be vacant at the time of
closing. However, no action shall be brought against a tenant under
paragraph (1) of this subsection unless the tenant was given a statement
in accordance with section 6 of P.L. 1975, c. 311 (C. 2A:18-61.9);
(2) The owner of three or less condominium or cooperative units
seeks to evict a tenant whose initial tenancy began by rental from
an owner of three or less units after the master deed or agreement
establishing the cooperative was recorded, because the owner seeks
to personally occupy the unit, or has contracted to sell the unit
to a buyer who seeks to personally occupy it and the contract for
sale calls for the unit to be vacant at the time of closing;
(3) The owner of a building of three residential units or less
seeks to personally occupy a unit, or has contracted to sell the
residential unit to a buyer who wishes to personally occupy it and
the contract for sale calls for the unit to be vacant at the time
of closing.
m. The landlord or owner conditioned the tenancy upon and in
consideration for the tenant's employment by the landlord or owner as
superintendent, janitor or in some other capacity and such employment is
being terminated.
n. The person has been convicted of or pleaded guilty to, or if a
juvenile, has been adjudicated delinquent on the basis of an act which if
committed by an adult would constitute an offense under the
"Comprehensive Drug Reform Act of 1987," N.J.S. 2C:35-1 et al. involving
the use, possession, manufacture, dispensing or distribution of a
controlled dangerous substance, controlled dangerous substance analog or
drug paraphernalia within the meaning of that act within or upon the
leased premises or the building or complex of buildings and land
appurtenant thereto, or the mobile home park, in which those premises are
located, and has not in connection with his sentence for that offense
either (1) successfully completed or (2) been admitted to and continued
upon probation while completing, a drug rehabilitation program pursuant to
N.J.S. 2C:35-14; or, being the tenant or lessee of such leased premises,
knowingly harbors or harbored therein a person who has been so convicted
or has so pleaded, or otherwise permits or permitted such a person to
occupy those premises for residential purposes, whether continuously or
intermittently, except that this subsection shall not apply to a person
harboring or permitting a juvenile to occupy the premises if the juvenile
has been adjudicated delinquent upon the basis of an act which if
committed by an adult would constitute the offense of use or possession
under the said act. No action for removal may be brought pursuant to this
subsection more than two years after the date of the adjudication or
conviction or more than two years after the person's release from
incarceration whichever is the later.
o. The person has been convicted of or pleaded guilty to, or if a
juvenile, has been adjudicated delinquent on the basis of an act which if
committed by an adult would constitute an offense under N.J.S. 2C:12-1 or
N.J.S. 2C:12-3 involving assault, or terroristic threats against the
landlord, a member of the landlord's family or an employee of the
landlord; or, being the tenant or lessee of such leased premises,
knowingly harbors or harbored therein a person who has been so convicted
or has so pleaded, or otherwise permits or permitted such a person to
occupy those premises for residential purposes, whether continuously or
intermittently. No action for removal may be brought pursuant to this
subsection more than two years after the adjudication or conviction or
more than two years after the person's release from incarceration
whichever is the later.
p. The person has been found, by a preponderance of the evidence,
liable in a civil action for removal commenced under this act for an
offense under N.J.S. 2C:20-1 et al. involving theft of property located
on the leased premises from the landlord, the leased premises or other
tenants residing in the leased premises, or N.J.S. 2C:12-1 or N.J.S.
2C:12-3 involving assault or terroristic threats against the landlord, a
member of the landlord's family or an employee of the landlord, or under
the "Comprehensive Drug Reform Act of 1987," N.J.S. 2C:35-1 et al.,
involving the use, possession, manufacture, dispensing or distribution of
a controlled dangerous substance, controlled dangerous substance analog
or drug paraphernalia within the meaning of that act within or upon the
leased premises or the building or complex of buildings and land
appurtenant thereto, or the mobile home park, in which those premises are
located, and has not in connection with his sentence for that offense
either (1) successfully completed or (2) been admitted to and continued
upon probation while completing a drug rehabilitation program pursuant to
N.J.S. 2C:35-14; or, being the tenant or lessee of such leased premises,
knowingly harbors or harbored therein a person who committed such an
offense, or otherwise permits or permitted such a person to occupy those
premises for residential purposes, whether continuously or
intermittently, except that this subsection shall not apply to a person
who harbors or permits a juvenile to occupy the premises if the juvenile
has been adjudicated delinquent upon the basis of an act which if
committed by an adult would constitute the offense of use or possession
under the said "Comprehensive Drug Reform Act of 1987."
q. The person has been convicted of or pleaded guilty to, or if a
juvenile, has been adjudicated delinquent on the basis of an act which if
committed by an adult would constitute an offense under N.J.S. 2C:20-1 et
al. involving theft of property from the landlord, the leased premises or
other tenants residing in the same building or complex; or, being the
tenant or lessee of such leased premises, knowingly harbors therein a
person who has been so convicted or has so pleaded, or otherwise permits
such a person to occupy those premises for residential purposes, whether
continuously or intermittently.
For purposes of this section, (1) "developmental disability" means any
disability which is defined as such pursuant to section 3 of P.L. 1977,
c. 82 (C. 30:6D-3); (2) "member of the immediate family" means a person's
spouse, parent, child or sibling, or a spouse, parent, child or sibling of
any of them; and (3) "permanently" occupies or occupied means that the
occupant maintains no other domicile at which the occupant votes, pays
rent or property taxes or at which rent or property taxes are paid on the
occupant's behalf.
2A:18-61.2 Removal of residential tenants; required notice; contents;
service.
No judgment of possession shall be entered for any premises covered by
section 2 of this act, except in the nonpayment of rent under
subsection a. or f. of section 2, unless the landlord has made written demand and
given written notice for delivery of possession of the premises. The
following notice shall be required:
a. For an action alleging disorderly conduct under subsection b. of
section 2, or injury to the premises under subsection c. of section 2, or
any grounds under subsection m., n., o. or p. of section 2, three days'
notice prior to the institution of the action for possession;
b. For an action alleging continued violation of rules and regulations
under subsection d. of section 2, or substantial breach of covenant under
subsection e. of section 2, or habitual failure to pay rent, one month's
notice prior to the institution of the action for possession;
c. For an action alleging any grounds under subsection g. of
section 2, three months' notice prior to the institution of the action;
d. For an action alleging permanent retirement under subsection h. of
section 2, 18 months' notice prior to the institution of the action and,
provided that, where there is a lease in effect, no action may be
instituted until the lease expires;
e. For an action alleging refusal of acceptance of reasonable lease
changes under subsection i. of section 2, one month's notice prior to
institution of action;
f. For an action alleging any grounds under subsection l. of
section 2, two months' notice prior to the institution of the action and,
provided that where there is a written lease in effect no action shall be
instituted until the lease expires;
g. For an action alleging any grounds under subsection k. of
section 2, three years' notice prior to the institution of action, and provided
that where there is a written lease in effect, no action shall be
instituted until the lease expires;
h. In public housing under the control of a public housing authority or
redevelopment agency, for an action alleging substantial breach of
contract under paragraph (2) of subsection e. of section 2, the period of
notice required prior to the institution of an action for possession
shall be in accordance with federal regulations pertaining to public
housing leases.
The notice in each of the foregoing instances shall specify in detail
the cause of the termination of the tenancy and shall be served either
personally upon the tenant or lessee or such person in possession by
giving him a copy thereof, or by leaving a copy thereof at his usual
place of abode with some member of his family above the age of 14 years,
or by certified mail; if the certified letter is not claimed, notice
shall be sent by regular mail.
2A:18-61.3. Causes for eviction or nonrenewal of lease
a. No landlord may evict or fail to renew any lease of any premises
covered by section 2 of this act except for good cause as defined in
section 2.
b. A person who was a tenant of a landlord in premises covered
by section 2 of P.L. 1974, c. 49 (C. 2A:18-61.1) may not be removed
by any order or judgment for possession from the premises by the
owner's or landlord's successor in ownership or possession except:
(1) For good cause in accordance with the requirements which apply to
premises covered pursuant to P.L. 1974, c. 49 (C. 2A:18-61.1 et al.); or
(2) For proceedings in premises where federal law supersedes applicable
State law governing removal of occupants; or
(3) For proceedings where removal of occupants is sought by an
authorized State or local agency pursuant to eminent domain or code or
zoning enforcement laws and which comply with applicable relocation laws
pursuant to the "Relocation Assistance Law of 1967," P.L. 1967, c. 79 (C.
52:31B-1 et seq.), the "Relocation Assistance Act," P.L. 1971, c. 362
(C. 20:4-1 et seq.) or section 3 of P.L. 1993, c. 342 (C. 2A:18-61.1g).
Where the owner's or landlord's successor in ownership or possession is
not bound by the lease entered into with the former tenant and may offer
a different lease to the former tenant, nothing in P.L. 1986, c. 138
shall limit that right.
2A:18-61.6. Owner liability for wrongful evictions
a. Where a tenant vacates the premises after being given a notice
alleging the owner seeks to personally occupy the premises under
subsection L. of section 2 of P.L. 1974, c. 49 (C. 2A:18-61.1) and the
owner thereafter arbitrarily fails to personally occupy the premises for
a total of at least six months, or arbitrarily fails to execute the
contract for sale, but instead permits personal occupancy of the premises
by another tenant or instead permits registration of conversion of the
premises by the Department of Community Affairs pursuant to "The Planned
Real Estate Development Full Disclosure Act," P.L. 1977, c. 419 (C.
45:22A-21 et seq.), such owner shall be liable to the former tenant in a
civil action for three times the damages plus the tenant's attorney fees
and costs.
b. If an owner purchases the premises pursuant to a contract requiring
the tenant to vacate in accordance with subsection l. of section 2 of
P.L. 1974, c. 49 (C. 2A:18-61.1) and thereafter arbitrarily fails to
personally occupy the premises for a total of at least six months, but
instead permits personal occupancy of the premises by another tenant or
instead permits registration of conversion of the premises by the
Department of Community Affairs pursuant to P.L. 1977, c. 419 (C. 45:22A-21
et seq.), such owner-purchaser shall be liable to the former tenant in a
civil action for three times the damages plus the tenant's attorney fees
and costs.
c. If a tenant vacates a dwelling unit after notice has been given
alleging that the owner seeks to permanently board up or demolish the
premises or to retire permanently the premises from residential use
pursuant to subsection g.(1) or h. of section 2 of P.L. 1974, c. 49 (C.
2A:18-61.1) and instead, within five years following the date on which
the dwelling unit or the premises become vacant, an owner permits
residential use of the vacated premises, the owner shall be liable to the
former tenant in a civil action for three times the damages plus the
tenant's attorney fees and costs of suit.
An owner of any premises where notice has been given pursuant to
subsection g.(1) or h. of section 2 of P.L. 1974, c. 49 (C. 2A:18-61.1),
who subsequently seeks to sell, lease or convey the property to another,
shall, before executing any lease, deed or contract for such conveyance,
advise in writing the prospective owner that such notice was given and
that the owners of the property are subject to the liabilities provided
in this subsection and sections 3 and 4 of this 1986 amendatory and
supplementary act. Whoever fails to so advise a prospective owner prior
to the execution of the contract of sale, lease or conveyance is liable
to a civil penalty of not less than $2,500.00 or more than $10,000.00 for
each offense, and shall also be liable in treble damages, plus attorney
fees and costs of suit, for any loss or expenses incurred by a new owner
of the property as a result of that failure. The civil penalty prescribed
in this subsection shall be collected and enforced by summary proceedings
pursuant to "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.). The
Superior Court, Law Division, Special Civil Part, in the county in which
the rental premises are located shall have jurisdiction over such
proceedings. Process shall be in the nature of a summons or warrant, and
shall issue upon the complaint of the Commissioner of the Department of
Community Affairs, the Attorney General, or any other person.
d. If a tenant vacates a dwelling unit after receiving from an owner an
eviction notice
(1) purporting to compel by law the tenant to vacate the
premises for cause or purporting that if the tenant does not vacate the
premises, the tenant shall be compelled by law to vacate the premises for
cause; and
(2) using a cause that is clearly not provided by law or using
a cause that is based upon a lease clause which is contrary to law
pursuant to section 6 of P.L. 1975, c. 310 (C. 46:8-48); and
(3)
misrepresenting that, under the facts alleged, the tenant would be
subject to eviction, the owner shall be liable to the former tenant in a
civil action for three times the damages plus the tenant's attorney fees
and costs. An owner shall not be liable under this subsection for
alleging any cause for eviction which, if proven, would subject the
tenant to eviction pursuant to N.J.S. 2A:18-53 et seq. or P.L. 1974, c.
49 (C. 2A:18-61.1 et seq.).
In any action under this section the court shall, in addition to
damages, award any other appropriate legal or equitable relief. For the
purposes of P.L. 1974, c. 49 (C. 2A:18-61.1 et seq.), the term "owner"
includes, but is not limited to, lessee, successor owner and lessee, and
other successors in interest.
e. An owner shall not be liable for damages pursuant to this section or
section 6 of this 1986 amendatory and supplementary act or subject to a
more restrictive local ordinance adopted pursuant to section 8 of this
1986 amendatory and supplementary act if:
(1) Title to the premises was transferred to that owner by means
of a foreclosure sale, execution sale or bankruptcy sale; and
(2) Prior to the foreclosure sale, execution sale or bankruptcy sale,
the former tenant vacated the premises after receiving eviction notice
from the former owner pursuant to subsection g.(1) or h. of section 2 of
P.L. 1974, c. 49 (C. 2A:18-61.1); and
(3) The former owner retains no financial interest, direct or
indirect, in the premises. The term "former owner" shall include, but not
be limited to, any officer or board member of a corporation which was the
former owner and any holder of more than 5% equity interest in any
incorporated or unincorporated business entity that was the former
owner; and
(4) The former tenant is provided notice and rights in accordance with
the provisions of section 6 of this 1986 amendatory and supplementary
act.
2A:42-7. Action for possession for nonpayment of rent; service of
summons
A landlord or lessor to whom 1 year's rent in arrear is due, and who
shall have the right to re-enter the demised premises for nonpayment
thereof, may without a formal demand or re-entry, institute an action for
the possession of such premises. If the summons in the action cannot be
served in the usual manner, the landlord or lessor may affix the same
upon the demised premises in a conspicuous place thereon, which affixing
shall be deemed legal service thereof. The service or affixing shall take
the place of a demand and re-entry.
2A:42-9. Dismissal on payment of rent and costs; resumption of lease
If the tenant or his assignee shall at any time before the trial in the
action for possession of the demised premises, pay or tender to the
lessor or landlord, his executor, administrator or attorney, or pay into
the court where the action for possession of the demised premises shall
be pending, all the rents and arrears, together with the costs, all
further proceedings in the action shall be dismissed. If the lessee, his
executors, administrators or assigns, shall be granted equitable relief,
he shall have, hold and enjoy the demised lands, according to the lease
thereof made, without a new lease being made to him, provided the court
shall so adjudge.
2A:42-10.1. Warrant or writ for removal; writ of possession; issuance;
stays
Notwithstanding any other provisions of law, in any action brought by a
landlord against a tenant to recover possession of premises or unit used
for dwelling purposes, to which this act is applicable, whether by
summary dispossess proceedings, civil action for the possession of land,
or otherwise, the judge of the court having jurisdiction shall use sound
discretion in the issuance of a warrant or writ for removal or writ of
possession, and if it shall appear that by the issuance of the warrant or
writ the tenant will suffer hardship because of the unavailability of
other dwelling accommodations the judge may stay the issuance of the
warrant or writ and cause the same to issue at such time as he shall deem
proper under the circumstances, but in no case shall such judge stay the
issuance of any such warrant or writ for possession for a longer period
than 6 months after the date of entry of the judgment of possession;
provided, however, that in no case shall the issuance of the warrant or
writ be stayed or the stay thereof be longer continued, as the case may
be, if the tenant should (a) fail to pay to the landlord all arrears in
rent and the amount that would have been payable as rent if the tenancy
had continued, together with the accrued costs of the action; or (b)
during the stay, fail to continue to pay to the landlord the amount of
rent that would be due if the tenancy had continued; or (c) during the
stay, become so disorderly as to destroy the peace and quiet of the other
tenants living in the same building or in the neighborhood; or (d) during
the stay, willfully destroy, damage or injure the premises.
2A:42-10.6. Judge to use sound discretion in issuing warrants or writs
for removal or writs of possession; stay of issuance; limitation
Notwithstanding any provisions of law, in any action brought by a
landlord against a tenant to recover possession of premises or unit used
for dwelling purposes, to which this act is applicable, whether by
summary dispossess proceedings, civil action for the possession of land,
or otherwise, the judge of the court having jurisdiction shall use sound
discretion in the issuance of a warrant or writ for removal or writ of
possession, and if it shall appear that by the issuance of the warrant or
writ the tenant will suffer hardship because of the unavailability of
other dwelling accommodations the judge may stay the issuance of the
warrant or writ and cause the same to issue at such time as he shall deem
proper under the circumstances, but in no case shall such judge stay the
issuance of any such warrant or writ for possession for a longer period
than 6 months after the date of entry of the judgment of possession;
provided, however, that in no case shall the issuance of the warrant or
writ be stayed or the stay thereof be longer continued, as the case may
be, if the tenant should (a) fail to pay to the landlord all arrears in
rent and the amount that would have been payable as rent if the tenancy
had continued, together with the accrued costs of the action; or (b)
during the stay, fail to continue to pay to the landlord the amount of
rent that would be due if the tenancy had continued; or (c) during the
stay, become so disorderly as to destroy the peace and quiet of the other
tenants living in the same building or in the neighborhood; or (d) during
the stay, willfully destroy, damage or injure the premises.
2A:42-10.8. Applicability
This act shall apply to all actions and proceedings by a landlord
against a tenant to recover possession of premises used for dwelling
purposes for which warrants or writs of removal shall not have been
satisfied, but this act shall not be operative as to any premises under
rent control.
2A:42-10.13. Application of act to rental premises for dwelling purposes
This act shall apply to all rental premises or units used for dwelling
purposes except owner-occupied premises with not more than two rental
units. Mobile home spaces and mobile homes shall constitute rental
premises under this act.
2A:42-10.16. Warrant for possession; execution
In any proceeding for the summary dispossession of a tenant, warrant
for possession issued by a court of appropriate jurisdiction:
a. Shall include a notice to the tenant of any right to apply to the
court for a stay of execution of the warrant, together with a notice
advising that the tenant may be eligible for temporary housing assistance
or other social services and that the tenant should contact the
appropriate county welfare agency, at the address and telephone number
given in the notice, to determine eligibility;
b. Shall be executed not earlier than the third day following the day
of personal service upon the tenant by the appropriate court officer. In
calculating the number of days hereby required, Saturday, Sunday and
court holidays shall be excluded;
c. Shall be executed during the hours of 8 a.m. to 6 p.m., unless the
court, for good cause shown, otherwise provides in its judgment for
possession;
d. Shall state the earliest date and time that the warrant may be
executed, and also shall state that the warrant shall only be executed by
an officer of the court; and
e. Shall include a notice that it is illegal as a disorderly person's
offense for a landlord to padlock or otherwise block entry to a rental
premises while a tenant is still in possession of the premises unless such
action is done in accordance with a distraint action involving a
non-residential premises as permitted by law; shall state that removal of
a tenant's belongings from a premises by a landlord after the eviction of
a tenant may be done only in accordance with the provisions of P.L.
1999, c. 340 (C. 2A:18-72 et al.) ; shall contain a concise summary of
the provisions of this section and section 3 of P.L. 2005, c. 219 (C.
2C:33-11.1) with special emphasis placed on the duties and obligations of
law enforcement officers under those sections of law; and shall advise
the occupant of the right to file a court proceeding pursuant to N.J.S.
2A:39-1 et seq.
Whenever a written notice, in accordance with the provisions of
subsection a. of this section, is given to the tenant by the court, this
shall constitute personal service in accordance with the provisions of
subsection b. of this section.
At the time a warrant for possession is lawfully executed, the court
officer involved shall prepare a statement of "Execution of Warrant for
Possession" and shall immediately deliver the statement to the landlord
or the landlord's representative by personal service. The court officer
shall deliver a copy of the statement to the tenant by personal service,
however, if it cannot be personally served, it may be delivered in the
manner provided under N.J.S. 2A:18-54. The statement shall also be
affixed to the door to the unit to which the warrant applies. The
statement shall identify the warrant, the date of issuance of the
warrant, the court and judge who issued the warrant, the date and time of
execution of the warrant, and the name, signature and position of the
person executing the warrant.
The Superior Court, Law Division, Special Civil Part shall retain
jurisdiction for a period of 10 days subsequent to the actual execution
of the warrant for possession for the purpose of hearing applications by
the tenant for lawful relief.