What Happens If the Landlord Obtains a Judgment for Possession?

If a landlord obtains a judgment for possession, the landlord can apply to the Special Civil Part Office for a warrant of removal, which permits the landlord to force the tenant to move out of the rental property (eviction). The fee for a warrant of removal is $35 plus the applicable Special Civil Part Officer’s mileage fee. A second mileage fee will also be required to be paid by the landlord to the Special Civil Part Officer directly, if it is necessary for the officer to revisit the residential rental property and execute the same warrant of removal (eviction) that the officer previously served upon the residential tenant. The landlord can contact the Special Civil Part Office staff about the applicable mileage fees. The warrant of removal cannot be issued to a Special Civil Part Officer until the expiration of three (3) business days (not counting the court day) after the judgment for possession is granted. Pursuant to the Governor’s Executive Order 106, evictions of residential tenants are suspended till 60 days after the public health emergency is declared over.

The Special Civil Part Officer must give a residential tenant at least three (3) business days to move all persons and belongings from the property. Again, this date does not include holidays, weekends or the date that the warrant of removal was originally served by the Special Civil Part Officer upon the residential tenant. The Special Civil Part Officer is not required to provide a commercial tenant with any three-business day notice, as the officer can serve the warrant for removal and evict the commercial tenant at the same time.

If the residential tenant does not move out after three (3) business days from the date that they were served with the warrant of removal, the landlord must arrange with the Special Civil Part Officer directly to have the residential tenant evicted or locked out. The Special Civil Part Officer will tell the landlord about any other possible fees charged for this eviction, which must be agreed to by the landlord and which cannot be greater than $75; the landlord pays this fee and the second mileage fee to the Special Civil Part Officer directly

Following the eviction, the landlord must allow the tenant to remove personal belongings from the property. If a tenant vacates the rental property but fails to remove their personal belongings, the landlord must still comply with the provisions of the New Jersey Tenant’s Abandoned Property statute. The landlord should consult with an attorney for those requirements. The landlord must apply for the warrant of removal (eviction) within 30 days from the date that the judgment for possession is entered unless the judgment is stopped or stayed (delayed) through a court order or other written agreement signed by the landlord and the tenant. The landlord must have the Special Civil Part Officer execute the warrant of removal (eviction) within 30 days of the warrant’s issuance unless the judgment is temporarily stopped or stayed through a court order or other written agreement signed by the landlord and tenant.