News Bulletin

From the Law Office of Michael D. Mirne
3200 Sunset Avenue Ocean, NJ 07712
(732) 988-7200 Fax (732) 776-7444
Internet: http://www.mirnelaw.com/
E-mail mdmirne@verizon.net

Residential landlords are often surprised to learn that the law affords several options to a tenant even after a judgment for eviction has been entered. Generally, this post-judgment relief can take one of three forms. In this month's newsletter, we will examine these forms.

Motion to Set Aside Verdict

This remedy is quite easily the most extreme form of post-judgment relief in that it results in dismissal of the Tenancy complaint. Under Court Rule 4:50-1, the Motion to set aside verdict must be based on fraud or other good cause, such as mistake, inadvertence, excusable neglect, or newly discovered evidence which would have resulted in the dismissal. For instance, in cases in which the landlord accepts rent after the date of judgment, Courts construe an automatic waiver on the part of the landlord and will dismiss of complaint even though a judgment has already been entered. Unlike other forms of relief, which are discussed below, there is no limit in the amount of time in which the Tenant can apply to the Court for relief under this remedy.

Hardship Stay

The Hardship Stay is only available to tenants who are able to pay the rent that is due and owing on the day of application. Typically tenants who apply for a hardship stay without posting the necessary funds are advised in Court that they are not eligible for a Hardship Stay, and are allowed to request an Orderly Removal (see below). In the event that the tenant has posted the necessary funds, the Landlord is afforded an opportunity to contest the hardship stay at a separate hearing, which is generally held about three business days after the date of application.

In the event that the tenant is successful in obtaining a hardship stay, the Court may allow the tenant to remain in the rented premises for up to six months after the date of the original judgment. However, as a condition of the Hardship Stay, the tenant must continue to pay all rent as it becomes due. It should be noted that even after a lockout, the tenant may apply for a hardship stay, so long as the application is made not more than 10 days after the lockout. The importance of this provision is that landlords should be cautious to avoid re-renting the premises until the 10-day period has expired.

Orderly Removal

Unlike the Hardship Stay, the application for orderly removal does not require any payment of rents by the tenant. Using this remedy, the tenant can be afforded an additional week to vacate the rented premises. However, once this remedy is elected, the Tenant waives his/her rights to request additional relief in the future. Orderly Removals are routinely granted and it should be noted that the Landlord is not afforded a return date in which to object to the application. As is the case with Hardship Stays, Orderly Removals must be applied for not more than 10 days after the date of lockout.