ENTRY OF A JUDGMENT AND EXECUTION. landlord, or (2) possession remains with the tenant, i.e. "case dismissed!" If judgment is

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1 AFTER TRIAL (A) ENTRY OF A JUDGMENT AND EXECUTION After trial, there can only be one of two results: (1) possession is awarded to the landlord, or (2) possession remains with the tenant, i.e. "case dismissed!" If judgment is awarded in favor of the landlord, the landlord has 30 days to request a "Warrant of Removal" to be issued by the court clerk. The earliest the application for a Warrant of Removal may be submitted in a residential OR commercial eviction is three days after the judgment date. In a commercial setting the judgment may be executed immediately after it is issued. A landlord in New Jersey CANNOT use "self help" and conduct the lock out themselves at any time. A Superior Court Officer, known as a Constable, must be used. If more than 30 days have elapsed since the date the judgment of possession was entered, and the parties have not entered into a post-judgment agreement, the Warrant may only be obtained with the consent of the tenant or by Order of the Court after notice is given to the tenant that the landlord is so applying.

2 After the Warrant is issued, it is "served." This is accomplished by the Constable hand delivering it to the tenant, or by posting it on the tenant's door. The Warrant must contain a "3-day" notice to the tenant advising that the lockout is scheduled to occur, and it also advises the tenant of the right to apply for a stay of execution. That is all pursuant to the "Fair Eviction Notice Act" (N.J.S.A. 2A: ) The Warrant may not be executed until the third day following service. Saturdays, Sundays and holidays are not included. The effect of this is that the tenant can remain in the demised premises for a minimum of 8 days after the entry of a judgment of possession before they are locked out. (B) STAYS OF EXECUTION (1) BY COURT ORDER New Jersey statutes permit the court to "stay" (postpone) the issuance and/or execution of a warrant of removal for up to 6 months after judgment of possession is entered in favor of a residential landlord. The stay may be granted if it appears that the tenant will "suffer a hardship because of the unavailability of other dwelling accommodations." The relief lies with the discretion of the judge. Pursuant to statutes, the stay may be granted so long as: (a) (b) (c) (d) all rent and court costs are paid; the tenant is not disorderly; the tenant does not willfully damage the premises; and rent is paid as it becomes due.

3 Typically a court does not issue a stay of eviction on the initial return date of a Summons & Complaint after a judgment of possession is awarded to the Landlord. Rather, it forces the tenant to go home and try to secure alternative living quarters. If they are unsuccessful, the tenant must then return to court and file an application for an Order to Show Cause. An Order to Show Cause in the realm of landlord/tenant court is an application filed by the tenant, which, if granted, directs the landlord to appear in court to be heard as to why the tenant should not be relieved from the affects of the judgment of possession. A form Order to Show Cause used in Essex County follows. The application by the tenant requires them to submit a certification. The court considers the certification of the tenant and either grants the application for the Order to Show Cause or signs an Order for Orderly Removal which gives the tenant a "few" extra days to vacate the premises. (2) AGREEMENT FOR ORDERLY REMOVAL After the entry of a default or judgment of possession, the landlord and tenant may agree that the tenant will not be locked out until a specified time. This usually acts to mutually accommodate each party by allowing the landlord to accept money from the tenant while affording the tenant an opportunity to get their affairs in order in preparation for their move. NJ COURT RULE 6:6-6. Post-Judgment Levy Exemption Claims and Applications for Relief in Tenancy Actions

4 (a) Generally. Rules 4:52-1 and 4:52-2 shall apply to post-judgment applications for relief in tenancy actions and to claims of exemption from levy in other actions in the Special Civil Part, except that the filing of briefs shall not be required. (b) Orders for Orderly Removal. An order for post-judgment relief, applied for on notice to a landlord pursuant to paragraph (a) of this rule, need not have a return date if the sole relief is a stay of execution of a warrant of removal for seven calendar days or less, but it shall provide that the landlord may move for the dissolution or modification of the stay on two days notice to the tenant or such other notice as the court sets in the order. (c) Forms. Forms for applications for post-judgment relief in tenancy actions and claims of exemption from levy in other actions shall be available to litigants in the clerk s office. Note: Adopted July 12, 2002 to be effective September 3, 2002; caption and paragraphs (a), (b), and (c) amended July 27, 2006 to be effective September 1, 2006.

5 VACATING A JUDGMENT On the return date of an Order to Show Cause, the court will consider whether or not to vacate the judgment of possession. If the judgment of possession was based upon nonpayment of rent, and the tenant deposits into court on the original return date all of the rent and court costs due, the judgment must be vacated by statute. But what if the tenant has the money a few days later? In that case, the court can consider extraneous factors the landlord may present regarding the tenant. A suggested strategy to defeat a tenant's applications to vacate a judgment, even when they have all of the rent money, is by showing that the tenant has been brought to court before. It is even more favorable to the landlord when the tenant has brought Orders to Show Cause in the past. A court may be constrained to give the tenant another "break." The following 1994 New Jersey Supreme Court case of Housing Authority of Morristown v. Little, 135 N.J. 274, deals with the court's ability to vacate a default judgment under the court Rules. It is a very useful case to know and have on hand when dealing with a post judgment application for relief. The tenant is not limited by the 10-day statute from making a claim for relief under the court Rules (R.4:50). This application must be made within a reasonable time after judgment is entered. It has been my experience that tenants seeking relief from the effects of a judgment rely upon both the statutes and Rule to sway the court to find favor with their position.