Legal Question in Landlord & Tenant Law in New Jersey

Eviction Help

being evicted for non-payment of rent court date is jan 30th----I'm on unemployment--they did a reval of my claim on Jan 1st causing me to have no income---I've been approved and received my first check Jan 23rd they gave me two weeks of pay 598--I paid my landlord 440---rent as of Jan 30TH is 694 so i owe him 254--I've informed the Landlord of the cause and I'm willing to pay any late fees but i need time to catch up--unemployment is my only source of income and they pay every 2 weeks ---he is not willing to wait----what can i do?


Asked on 1/24/09, 5:46 am

1 Answer from Attorneys

Tina Amodeo Law Office of Tina Nielsen Amodeo, LLC

Re: Eviction Help

DISCLAIMER: By reading this answer you understand that this answer is provided for informational purposes only and no attorney-client relationship is hereby formed.

ANSWERl Hi, unfortunately the landlord-tenant court will not force a landlord to accept any less than the full rent that is rightfully due to him or her under your lease. You do not say how much you are behind in rent, but in order to avoid being evicted, after the warrant of possession is issued in court, you have until an actual warrant of removal is posted on your door plus the 48 - 72 hours that notice gives you to come up with all the amounts due. The only thing that you can do in court is attempt to show to the landlord the income that you will have coming in and enter an agreement that will be put on the record that you must comply with and the landlord accepts to pay the rent according to the agreement. When this happens, a warrant of possession will only be granted if you fail to comply with the agreement. If the agreement is not met, the landlord can apply to the court automatically for the warrant of possession and then the warrant of removal. The only other option you have is to file for a hardship stay of the eviction by motioning the court. The court always gives instructions on how to do this on the day of court in writing and by showing all tenants a videotape of instructions. Unfortunately, in order to get a hardship stay of eviction is if you post all money that is due to the landlord with the court. The hardship is usually based upon the fact that there are no other apartments that you can find to rent. Sorry for this bad news. Best of luck to you.

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Answered on 1/24/09, 11:50 am


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