Hello my situation goes like this, the apartment I live in is infested with mice that are creating holes on the ceiling and walls! There are currently 4 holes on the ceiling.the floors are sinking in and the outlets are open or hanging out.He said he would take care of it but never did, My husband and I got feed up and decided to move.We agreed with the landlord that we would leave in April, but it has been hard to find a place since we have 6 small kids.He filed eviction, and we did not go to court cause we thought we would have a place already,Nor did we have the time to appear in court.Now we have the marshall notice and the landlord also came and opened the house the telling me we have 5 days to leave.Can I still stop the marshall and take the landlord to court and have a chance to win
Just a quick correction for your reference - it's not a marshall, it's a sheriff.
As to your situation, you can petition the Court for a hardship stay Monday morning. You MUST do it Monday morning, first thing. The court opens at 8:30 AM. Be there at 8:30 AM to file the application for the stay. Advise the sheriff who comes to do the lockout that morning that you've applied for the stay and request he not perform the lockout pending the court's decision. One of you should remain in the home at all times to protect your tenancy. The other should go file with the court. Whichever one of you stays at home should be respectful to the sheriff's officer who's just there to do his or her job.
I cannot stress this enough: you MUST file the stay before the sheriff arrives. You cannot ask the sheriff to wait around while you file the motion to stay. Go to the Hudson County courthouse, ask for the special civil part. Tell the clerk there you need to file an application for a stay of execution on the warrant of removal. Tell him or her it is an emergency application.
The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client relationship. If you feel you need to speak with an attorney regarding your issue, it is recommended that you contact an attorney with expertise in your area of inquiry. The information related above is purely for informational purposes, and should not be acted upon without speaking with qualified counsel familiar with you specific situation and the laws related thereto.