An eviction case The life of an eviction case in New Jersey, step by step: every station, its clock, and the Rule of Court behind it

The line at a glance

Every stop the paper makes, in order. Tap a stop to jump to it.

1. LT1The complaint and its noticesFiled in the Special Civil Part of the county where the premises are; the notices the landlord relies on go in with it
2. LT2Summons and serviceThe summons names a day to appear at least 21 days after service; a court officer serves by ordinary mail and in person, or posts it on the door
3. LT3The return day: calendar call and settlementHeard on the day the summons names unless the court adjourns it; settlement talks and trial on the same day
   1. If the case belongs in the Law Division: T1 to T2, then back at LT4.
   2. T1Motion to transfer to the Law DivisionFiled no later than the last court day before the trial date; returnable in the Special Civil Part on the trial date
   3. T2Granted or denied: the record moves, or the summary hearing is setIf granted, the file goes to the Law Division in the county of venue; if denied, a summary hearing is set expeditiously
   1. If the parties settle on the trial date: S1 to S2, then back at LT5.
   2. S1Settlement or consent judgment for possessionWritten, and reviewed and signed by a judge on the day of the court proceeding when the tenant has no lawyer
   3. S2If the settlement is broken: certification to enforceWhenever the landlord claims a breach; a copy goes to the tenant by ordinary mail or posted on the door
4. LT4Trial and judgment for possessionTried on the return day; a tenant who does not appear is defaulted and the clerk may enter judgment on the landlord's affidavit
5. LT5Warrant of removalNot before three business days after the judgment; the landlord must ask in writing within 30 days or go back to court on seven days' notice
6. LT6The lockoutNot earlier than the third business day after the warrant is served on a residential tenant; the warrant dies if not executed within 30 days of issuance
7. LT7After judgment: orderly removal and other reliefAny time after judgment, on notice to the landlord; a stay of the warrant for seven calendar days or less needs no return date

Stop by stop

1. LT1 The complaint and its notices

   Clock: Filed in the Special Civil Part of the county where the premises are; the notices the landlord relies on go in with it

   The landlord files a complaint for possession in the Special Civil Part. For a home it must be on the form in Appendix XI-X, and the rent it claims is only what the lease and the law let the landlord charge as rent. Every notice the landlord means to rely on, a notice to cease, a notice to quit, is attached to the complaint. Nothing else rides along: no claim for money, no other cause of action, and the tenant cannot counterclaim. If the landlord bought the place from the tenant, or gave the tenant an option to buy it, the complaint has to say so.

   What the rule says 3 sources

   “Complaints in summary actions for possession of residential premises must be in the form set forth in Appendix XI-X to these Rules. The amount of rent owed for purposes of the dispossess action can include only the amount that the tenant is required to pay by federal, state or local law and the lease executed by the parties.”

   R. 6:3-4(c) · as code

   “Complaints in all tenancy actions shall have attached thereto copies of all notices upon which the plaintiff intends to rely.”

   R. 6:3-4(d) · as code

   “Summary actions between landlord and tenant for the recovery of premises shall not be joined with any other cause of action, nor shall a defendant in such proceedings file a counterclaim or third-party complaint.”

   R. 6:3-4(a) · as code

2. LT2 Summons and service

   Clock: The summons names a day to appear at least 21 days after service; a court officer serves by ordinary mail and in person, or posts it on the door

   The landlord hands in the summons on the tenancy form, Appendix XI-B, with two extra copies of everything for each tenant. Instead of telling the tenant to file an answer, the summons names a day and a place to appear and state a defense, at least 21 days out, and warns that a default judgment can follow if the tenant does not come. The clerk attaches the English and Spanish court announcement and the landlord's notices. Service is by ordinary mail and personal delivery by a Special Civil Part officer; if nobody can be found, the officer fixes the papers to the door of the unit. A landlord who thinks the tenant will not be reached at the premises must also ask for service by certified and regular mail at an address where the tenant will be.

   What the rule says 3 sources

   “in landlord and tenant actions for the recovery of premises, summary ejectment and unlawful entry and detainer actions, and actions in the Small Claims Section, in lieu of directing the defendant to file an answer, the summons or signed order to show cause used as original process, shall require the defendant to appear and state a defense at a certain time and place, to be therein specified, which time shall be not less than 21 days in summary dispossess actions”

   R. 6:2-1 · as code

   “In tenancy actions, two additional copies of the summons and complaint shall be filed for each defendant. The clerk shall issue the summons except as otherwise provided by law and, in tenancy actions, shall attach to the summons and complaint for service on each defendant English and Spanish copies of the announcement contained in Appendix XI-S to these rules and copies of any notices upon which the plaintiff intends to rely, as set forth in R. 6:3-4(d).”

   R. 6:2-2(a) · as code

   “In summary actions for the recovery of premises, service of process shall be by ordinary mail and by delivery personally pursuant to R. 4:4-4. When the person serving process is unable to effectuate service by delivering process personally, service may be effectuated by affixing a copy of the summons and complaint on the door of the unit occupied by the defendant or, if that is not possible, on another conspicuous part of the subject premises.”

   R. 6:2-3(b) · as code

3. LT3 The return day: calendar call and settlement

   Clock: Heard on the day the summons names unless the court adjourns it; settlement talks and trial on the same day

   Tenancy cases sit on their own list and are heard on the return day. The judge opens the calendar call by reading the Appendix XI-S announcement, reads it again for latecomers, and in Spanish where the county needs it; written copies are in the courtroom. There is no answer to file: a tenant who appears states the defense out loud. Where the vicinage uses a settlement program for tenancy cases, the parties are sent to talk first, and what does not settle is tried the same day if possible. The rule's aim is one appearance: the case ends that day by settlement, trial, dismissal or default.

   What the rule says 4 sources

   “Summary actions between landlord and tenant shall be placed on a separate list on the calendar and shall be heard on the return day unless adjourned by the court, or by consent with the approval of the court. At the beginning of the calendar call and again at the end of the calendar call for latecomers, the judge presiding at the call shall provide instructions substantially conforming with the announcement contained in Appendix XI-S to these rules.”

   R. 6:5-2(b) · as code

   “no answer shall be permitted in summary actions between landlord and tenant, summary ejectment and unlawful entry and detainer actions or in actions in the Small Claims Section;”

   R. 6:3-1 · as code

   “If complementary dispute resolution programs are used for tenancy actions, cases that are not settled shall be tried on the same day, if possible.”

   R. 1:40-7(b) · as code

   “Multiple appearances in cases that have been scheduled for trial shall be avoided and, consistent with R. 1:40-7, cases should be disposed of on the trial date by a complementary dispute resolution event, trial, dismissal, or entry of default (with a proof hearing if requested).”

   R. 6:5-2(d) · as code

   Fork. If the case belongs in the Law Division, the paper leaves the main line here for T1 and comes back at LT4.

   Fork. If the parties settle on the trial date, the paper leaves the main line here for S1 and comes back at LT5.

4. Side rail. If the case belongs in the Law Division: T1 to T2, off the main line at LT3.

   1. T1 Motion to transfer to the Law Division

      Clock: Filed no later than the last court day before the trial date; returnable in the Special Civil Part on the trial date

      A tenant whose defenses need the full Law Division, discovery, a jury, a counterclaim, can ask to move the case there under the statute. The motion is filed with the Office of the Special Civil Part no later than the last court day before trial and is heard on the trial date, or later if the landlord asks for time to respond. Once it is filed the Special Civil Part stops; if the motion is still open after the trial date, the court may order rent paid as security while it decides.

      What the rule says 2 sources

      “A motion to transfer a summary action for the recovery of premises to the Civil Part of the Law Division pursuant to N.J.S.A. 2A:18-60, shall be made by serving and filing the original of that motion with the Office of the Special Civil Part no later than the last court day prior to the date set for trial. The motion shall be returnable in the Special Civil Part on the trial date, or such date thereafter as the court may determine in its discretion or upon application by the respondent for more time to prepare a response to the motion.”

      R. 6:4-1(g) · as code

      “Upon the filing of the motion, the Special Civil Part shall take no further action pending disposition of the motion. If the motion is not resolved on the original trial date, the court may require security for payment of rent pending disposition of the motion.”

      R. 6:4-1(g) · as code

   2. T2 Granted or denied: the record moves, or the summary hearing is set

      Clock: If granted, the file goes to the Law Division in the county of venue; if denied, a summary hearing is set expeditiously

      If the motion is granted, the Office of the Special Civil Part sends the papers to the Civil Part of the Law Division in the same county, and the case runs there as a plenary action on its own clocks. If the motion is denied, the case comes straight back to the tenancy list for a summary hearing set as soon as the court can. Either way the next stop is a judgment on possession.

      What the rule says 2 sources

      “If the motion is granted, the Office of the Special Civil Part shall transmit the record in accordance with R. 6:4-1(d). If the motion is denied, the court shall set the action expeditiously for summary hearing.”

      R. 6:4-1(g) · as code

      “Upon presentation of an order transferring an action to the Civil Part of the Law Division, the Office of the Special Civil Part shall transmit the papers on file in the court to the Civil Part of the Law Division of the Superior Court in the county of venue.”

      R. 6:4-1(d) · as code

   Rejoins. Back on the main line at LT4.

5. LT4 Trial and judgment for possession

   Clock: Tried on the return day; a tenant who does not appear is defaulted and the clerk may enter judgment on the landlord's affidavit

   The trial is short and the judge decides it: no jury was demanded because there was no answer to time it from, and no interrogatories or depositions came before it. If the tenant does not come, the clerk enters default and, on the landlord's affidavit, a judgment for possession. That affidavit must set out the statutory good cause for the eviction, swear that any charges beyond base rent are lawful rent under the lease and the law, and attach the notices with a statement that they were served and are true. If the landlord got title from the tenant or gave an option to buy, the default is proved in open court instead.

   What the rule says 4 sources

   “In summary actions between landlord and tenant for the recovery of premises, judgment for possession may be entered by the clerk on affidavit if the defendant fails to appear, plead or otherwise defend, and is not a minor or mentally incapacitated person, except where the landlord acquired title from the tenant or has given the tenant an option to purchase the property. The affidavit must state the facts establishing the jurisdictional good cause for eviction required by the applicable statute and that the charges and fees claimed to be due as rent, other than the base rent, are permitted to be charged as rent by the lease and by applicable federal, state, and local law.”

   R. 6:6-3(b) · as code

   “If the basis for eviction requires service of a notice to quit, the landlord's affidavit must have a copy of all required notices attached, and the affidavit must state that the notices were served as required by law and that the facts alleged in the notices are true.”

   R. 6:6-3(b) · as code

   “When a party against whom affirmative relief is sought has failed to appear, plead or otherwise defend as provided by law or these rules, or has failed to appear at the time fixed for trial, or if the party's answer is stricken on order of the court, the clerk shall enter the party's default.”

   R. 6:6-2 · as code

   “interrogatories maybe served pursuant to the applicable provisions of R. 4:17 in all actions except forcible entry and detainer actions, summary landlord and tenant actions for the recovery of premises, and actions commenced or pending in the Small Claims Section.”

   R. 6:4-3(a) · as code

6. Side rail. If the parties settle on the trial date: S1 to S2, off the main line at LT3.

   1. S1 Settlement or consent judgment for possession

      Clock: Written, and reviewed and signed by a judge on the day of the court proceeding when the tenant has no lawyer

      Most tenancy cases end in the hallway. A settlement or consent judgment for possession against a tenant without a lawyer has to be in writing, signed or put on the record, and reviewed, approved and signed by a judge that same day; if it makes the tenant both pay and move out, the judge goes over it in open court. It carries the same landlord's affidavit and attorney's certification about the rent that a default would. Where the tenant has a lawyer who signed, the clerk can enter the judgment on the papers.

      What the rule says 2 sources

      “A stipulation of settlement or an agreement that provides for entry of a judgment for possession against an unrepresented tenant must be written, either signed by the parties or placed on the record in lieu of signature, and reviewed, approved and signed by a judge on the day of the court proceeding. Additionally, if it requires the unrepresented tenant to both pay rent and vacate the premises, the judge shall also review it in open court.”

      R. 6:6-4(a) · as code

      “When the tenant is represented by an attorney and the attorney has signed the agreement, the clerk may enter judgment for possession upon receipt of the signed consent of the parties and the affidavit of the landlord and the certification of the landlord's attorney specified in R. 6:6-3(b).”

      R. 6:6-4(b) · as code

   2. S2 If the settlement is broken: certification to enforce

      Clock: Whenever the landlord claims a breach; a copy goes to the tenant by ordinary mail or posted on the door

      A pay-and-stay agreement that is kept ends the case. If the landlord says it was broken, a missed payment or a date not met, the landlord does not start over: a certification is filed with the clerk stating the facts of the breach and the relief wanted, with a copy mailed to the tenant, or posted on the door, and to the tenant's lawyer if there is one. From there the line rejoins at the warrant of removal.

      What the rule says

      “A request to enforce a settlement agreement or consent judgment in a tenancy action shall be by certification. It must state the facts upon which the claim of breach is based and the desired relief. The certification must be filed with the clerk and a copy must be sent to the adverse party and the adverse party's attorney, if any, by ordinary mail or alternatively, if directed to a tenant, by posting on the door of the premises.”

      R. 6:7-1(e) · as code

   Rejoins. Back on the main line at LT5.

7. LT5 Warrant of removal

   Clock: Not before three business days after the judgment; the landlord must ask in writing within 30 days or go back to court on seven days' notice

   The judgment does not move anyone by itself. The landlord asks the clerk in writing for a warrant of removal, and the clerk cannot issue it until three business days have passed since the judgment for possession, two days for a seasonal tenancy. A landlord who lets 30 days go by without applying loses the warrant unless the court allows it on an application with seven days' written notice to the tenant, sent by certified and ordinary mail. Any stay the court orders stops that 30-day clock while it runs.

   What the rule says 3 sources

   “No warrant of removal shall issue until the expiration of three business days after entry of a judgment for possession, except that a warrant shall be issued within two days from the date of the judgment in the case of a seasonal tenancy subject to N.J.S.A. 2A:42-10.17.”

   R. 6:7-1(d) · as code

   “If a judgment for possession is entered in a summary action for the recovery of premises and the landlord fails to apply in writing for a warrant of removal within 30 days after the entry of the judgment, or if the warrant is not executed within 30 days of its issuance, such warrant shall not thereafter be issued or executed, as the case may be, except on application to the court and written notice to the tenant served at least seven days prior thereto by simultaneously mailing such notice by both certified and ordinary mail to the tenant or by ordinary mail to the tenant’s attorney, if any;”

   R. 6:7-1(d) · as code

   “All requests for issuance of writs of execution and other process for the enforcement of judgments shall be made in writing to the clerk at the principal location of the court.”

   R. 6:7-1(a) · as code

8. LT6 The lockout

   Clock: Not earlier than the third business day after the warrant is served on a residential tenant; the warrant dies if not executed within 30 days of issuance

   A Special Civil Part officer serves the warrant on the tenant. For a home, the officer cannot carry it out until the third business day after that service; those days are the tenant's window to move or to go back to the court. A warrant that sits unexecuted for 30 days after issuance is spent, and the landlord needs a new application on notice to revive it, unless a stay or a filed agreement tolled the clock.

   What the rule says 2 sources

   “A warrant of removal shall not be executed earlier than the third business day after service on a residential tenant.”

   R. 6:7-1(d) · as code

   “provided, however, that either 30 day period may be tolled for the duration of any order for orderly removal or any other court initiated stay, extended by court order or written agreement executed by the parties and filed with the clerk. For purposes of this rule, entry of judgment shall be defined as the date upon which the right to request a warrant for removal accrues.”

   R. 6:7-1(d) · as code

9. LT7 After judgment: orderly removal and other relief

   Clock: Any time after judgment, on notice to the landlord; a stay of the warrant for seven calendar days or less needs no return date

   A tenant who needs more time to move applies to the court on notice to the landlord, on forms kept in the clerk's office; the application runs under the order-to-show-cause rules of Part 4, without briefs. If all the tenant asks is a stay of the warrant for seven calendar days or less and shows good reason, the court can order the orderly removal without a hearing date, and the landlord may move to dissolve or change it on two days' notice. Any longer stay, or a stay on other grounds, goes through the same door with a return date. This corpus has no rule of its own on a hardship stay of eviction for unpaid rent; that lives in the statute, and the application is made the same way.

   What the rule says 3 sources

   “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.”

   R. 6:6-6(a) · as code

   “An application for orderly removal requesting more time to move out, if there is a showing of good reason and 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.”

   R. 6:6-6(b) · as code

   “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.”

   R. 6:6-6(d) · as code