- New Jersey CR6:6-6(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.
Editors Note: The Order for Orderly Removal is the most commonly granted form of a post-judgment application. Its issuance does not require the tenant to pay any rents. While the Order very often includes the provision that any belongings left in the dwelling after that period shall be deemed abandoned, the Court Rule does not make mention of any such requirement, and hence, this requirement appears to be discretionary upon the Judge.
- Motion to Set Aside Verdict – The following Court Rules relate to setting aside Judgment for Possession:
- New Jersey Court Rule 4:43-3 – For good cause shown, the Court may set aside entry of default and, if Judgment by default has been entered, may likewise set it aside in accordance with New Jersey Court Rule 4:50 "Relief From Judgment Or Order"
- New Jersey Court Rule 4:501– On motion, with briefs, and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment or order for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which would probably alter the judgment or order and which by due diligence could not have been discovered in time to move for a new trial under R. New Jersey Court Rule 4:49 "Amendment Of Judgments"; (c) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (d) the judgment or order is void; (e) the judgment or order has been satisfied, released or discharged, or a prior judgment or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or order should have prospective application; or (f) any other reason justifying relief from the operation of the judgment or order.
Counselor's Note: This form of relief is relatively uncommon. In the matter of Baumann v. Marinaro 95 N.J. 380, 395 (1984), the Court remarked that granting this form of relief would require truly exceptional circumstances.” However, when the Judgment for Possession has resulted from a Default (i.e.; the tenant failed to show up to Court), see Marder v. Realty Construction Co., 84 N.J. Super 313, 319 (App. Div.), aff’d, 43 N.J. 508 (1964)), setting forth that setting aside the Default would require a finding of both excusable neglect (as to the reason the Defendant failed to appear) as well as a meritorious defense. Furthermore, the Court in the matter of Housing Authority of Morristown v. Little, 135 N.J. 274 (1974) noted that, for public policy reasons, the standards for setting aside a Judgment for Possession may be relaxed in some instances in which the tenant’s housing was publicly subsidized. Finally, it is noted that while the Court Rule contemplates that an application would be filed as a Motion (which would require a ten-day notice to the adversary under New Jersey Court NJ Court Rule 6:3-3), it is typical for applications filed under this section to be treated as Orders to Show Cause.
- Application for Hardship Stay –N.J.S.A.2A:42-10.6 Warrant or writ for removal; writ of possession; issuance; stays notwithstanding any other provisions of law, in any action brought by a landlord against a tenant to recover possession of premises or unit used for dwelling purposes, to which this act is applicable, whether by summary dispossess proceedings, civil action for the possession of land, or otherwise, the judge of the court having jurisdiction shall use sound discretion in the issuance of a warrant or writ for removal or writ of possession, and if it shall appear that by the issuance of the warrant or writ the tenant will suffer hardship because of the unavailability of other dwelling accommodations the judge may stay the issuance of the warrant or writ and cause the same to issue at such time as he shall deem proper under the circumstances, but in no case shall such judge stay the issuance of any such warrant or writ for possession for a longer period than 6 months after the date of entry of the judgment of possession; provided, however, that in no case shall the issuance of the warrant or writ be stayed or the stay thereof be longer continued, as the case may be, if the tenant should (a) fail to pay to the landlord all arrears in rent and the amount that would have been payable as rent if the tenancy had continued, together with the accrued costs of the action; or (b) during the stay, fail to continue to pay to the landlord the amount of rent that would be due if the tenancy had continued; or (c) during the stay, become so disorderly as to destroy the peace and quiet of the other tenants living in the same building or in the neighborhood; or (d) during the stay, willfully destroy, damage or injure the premises.
Counselor's Note: The above statutory language is the same for both N.J.S.A.2A:42-10.1 amd 2A:42-10.6 The only difference is that 10.1 is limited in its application to rent control units. See 2A:42-10.3 for this distinction. The Hardship Stay provisions are both limited to residential tenancy, whereas the other 2 primary forms of post-judgment relief are applicable to all tenancies.
Hyperlink to RULES GOVERNING Practice in Law Division, Special Civil Part