New Jersey Hardship Stays and other relief available after Eviction Hearing
Even if judgment for possession is entered in Court, a New Jersey tenant can still file for Orderly Removal, a Hardship Stay or Rule to Show Cause.
After service of the Warrant of Removal, New Jersey tenants still have remdies set forth below.If judgment for possession is entered, a Warrant of Removal is served and the Landlord will not agree to additional time to move, the tenant can still file for Orderly Removal with the Court. If the Court grants relief, the tenant can be given up to seven additional days to vacate premises. However, the tenant must vacate within the time set forth by the court, otherwise, eviction will go forward.
New Jersey tenants can also request Hardship Stays in which the Court can grant up to six additional months to vacate premises. Said stays may be requested in accordance with N.J.S.A. 2A:42-10.1 and/or N.J.S.A. 2A:42-10.6. Tenants must prove they have been unable to locate other housing and if the case is for non-payment of rent, that all rent has been paid or the tenant has the funds to pay all back rent and/or other lease charges. If relief is granted, all ongoing rent must be paid during the time the tenant resides on the property, otherwise, the Landlord can proceed with eviction.
New Jersey tenants can also file for a Rule to Show Cause after judgment for possession is entered. Reasons for said Rule include, but are not limited to lack of service of the Landlord's Summons and Complaint, the rent has been paid on non-payment of rent cases and/or the tenant reasonably believed he did not have to appear in Court as he believed the case was settled with the Landlord. Any rent that is due must be paid and any other costs the Court directs to be paid. The Court does have authority to set aside a judgment for possession if in the interests of justice.
Rental arrears and costs must be paid for a Hardhsip Stay and Rule to Show Cause.Unless the Court so orders, the rent does not have to be paid by a tenant only seeking Orderly Removal.
However, to obtain a Hardship Stay, rental arrears, costs and ongoing rent must be paid to obtain said stay. If filing for a Rule to Show Cause requesting that judgment for possession be set aside, the rent and costs must be paid.