New Jersey

Self-File Eviction- Backup

Comfortable with the eviction process, but need a bit of guidance? Mistakes in the initial paperwork can delay eviction proceedings, resulting in additional time and expenses. FileEvictions helps you get started with the Verified Complaint and Tenant Summons. Soon, we’ll also walk you through to the next steps if the tenant does not comply with the order entered with the court.

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Before you begin.

There are a few things you’ll need to take care of before commencing an eviction proceeding, and a few additional details you should know before using our software.

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Pursuant to N.J.S.A. 46:8-27 and N.J.S.A. 55:13A-1, all landlords of residential rental dwellings in the State of New Jersey are required to register their rental units. Without a Landlord Registration Statement or Landlord Identity Statement, the court may delay your case until one is obtained, or may not allow you to proceed.

You may be exempt from this requirement if the property is an owner-occupied two-family residential property that:

  1. has been certified to be free of lead-based paint;
  2. was constructed during or after 1978;
  3. is a seasonal rental unit which is rented for less than six months (duration each year; or
  4. has been certified as having a lead-free interior by a certified inspector.

Pursuant to N.J.S.A 46:8-28 and 46:8-29, complete this form and file with the office of the clerk in the municipality in which the dwelling is located. Submit a copy to the tenant(s).

Pursuant to N.J.S.A. 55:13A-12, N.J.S.A. 46:8-28 and N.J.A.C. 5:10-1.11, file a certificate of registration with the Bureau of Housing Inspection, P.O. Box 810, Trenton, New Jersey, 08625. You may contact them for an application at (609) 633-6240. Submit a copy to the tenants.

Make sure you have grounds to evict the tenant

Determine if you have grounds for eviction under the New Jersey Anti-Eviction Act. There are eighteen (18) grounds for which you may initiate an eviction. At this time, FileEviction supports the following grounds:

  • Non-payment of rent

Not supported at this time

Although you may use our software to go through the legal process to evict a tenant due to non-payment of rent, there are a few things we are not quite yet ready for, but will support in the future. Below we’ve listed just a few. View a more detailed list of our Upcoming Features. 

  • Oral Leases: All rental agreements must be in writing.
  • Other Grounds: Currently, our software only supports evictions due to non-payment of rent.
  • Representation: At the moment, we do not have attorneys available to represent you in court. If you feel your case is much too complicated, please seek legal representation.
  • Co-Signers: If one of the named persons on the lease is a co-signer and/or resides at a location other than the rental property, the software will not be able to accommodate you. We are working toward including this as a feature.

Pursuant to N.J.S.A. 46:8-27 and N.J.S.A. 55:13A-1, all landlords of residential rental dwellings in the State of New Jersey are required to register their rental units. Without a Landlord Registration Statement or Landlord Identity Statement, the court may delay your case until one is obtained, or may not allow you to proceed.

You may be exempt from this requirement if the property is an owner-occupied two-family residential property that:

  1. has been certified to be free of lead-based paint;
  2. was constructed during or after 1978;
  3. is a seasonal rental unit which is rented for less than six months (duration each year; or
  4. has been certified as having a lead-free interior by a certified inspector.

Pursuant to N.J.S.A 46:8-28 and 46:8-29, complete this form and file with the office of the clerk in the municipality in which the dwelling is located. Submit a copy to the tenant(s).

Pursuant to N.J.S.A. 55:13A-12, N.J.S.A. 46:8-28 and N.J.A.C. 5:10-1.11, file a certificate of registration with the Bureau of Housing Inspection, P.O. Box 810, Trenton, New Jersey, 08625. You may contact them for an application at (609) 633-6240. Submit a copy to the tenants.

Make sure you have grounds to evict the tenant

Determine if you have grounds for eviction under the New Jersey Anti-Eviction Act. There are approximately eighteen (18) grounds for which you may initiate an eviction. At this time, FileEviction supports the following grounds:
  • Non-payment of rent

Not supported at this time

Although you may use our software to go through the legal process to evict a tenant due to non-payment of rent, there are a few things we are not quite yet ready for, but will support in the future.

  • Oral Leases: All rental agreements must be in writing.
  • Representation: At the moment, we do not have attorneys available to represent you in court. If you feel your case is much too complicated, please seek legal representation.
  • Other Grounds: Currently, our software only supports evictions due to non-payment of rent.

COVID-19 Moratorium

Currently there is a State and Federal moratorium on evictions. It is important to note that although you will not be able to actually evict the tenant from the Premises during the moratorium, both State and Federal moratoriums allow for commencing with the eviction process, by filing a Complaint against the tenant.

Step-by-Step

Eviction Process

Getting Started

Have you completed all of the above requirements? Are you clear on what FileEviction currently supports? If yes, you are ready to get started! You may now click through to begin drafting your eviction documents. You will be asked to login or register. Answer every question on the form to the best of your knowledge. You will receive a copy of your completed documents along with instructions on how to file, and the fees you will need to submit to the court.

Case Management Conference

Once you have filed your eviction with the court, they will email and/or mail a notice to you containing information pertaining to your case. This will also include the date and time of your Case Management Conference. This conference will be conducted virtually with you, the tenant(s), and court staff. It is mandatory that you appear. Make sure you are properly dressed and adequately equipped for the virtual meeting, including a functioning web camera and a microphone. Preferably, sit in a quiet area so that you are not disturbed during the conference.

In this meeting, the court staff will review the pleadings and all the accompanying documents submitted, hear both parties, and attempt to mediate the case.

Be prepared to present your case. As the Plaintiff, the “burden of proof” lies with you. Documentation is everything. Have on hand the following documents, if available and/or applicable:

  • Rent receipts and payment records;
  • Returned/bounced checks; and/or
  • Emails, letters, and/or screenshots of text messages pertaining to non-payment of rent.

You may be required to present the court with calculations of rents as they correspond to the various moratorium periods. For illustration purposes, if a low-income tenant was protected from being evicted for rents unpaid between 03/01/2020 – 08/31/2021, you may need to provide three sets of calculations:

  • Rents due and owing before 03/01/2020;
  • Rents due and owing between 03/01/2020-08/31/2021; and
  • Rents due and owing between 09/01/2021 – Current.

If the parties are not able to reach an agreement, the court will schedule a trial.

Day of Trial: Mediation and Ruling

On the date of the trial, if the parties not resolved the dispute during the Case Management Conference, they will be required to attend a settlement conference. If an agreement is not reached, the case will proceed to trial. The parties will go before the judge, who will then render a decision after hearing both sides.

The court will determine if the court appearance will be in person or virtual.

Next Steps

A Request for a Warrant of Removal may be filed with the Court no sooner than three (3) business days after the judge has rendered a Default Judgment or a Judgment for Possession, and must be served to the tenant by a Special Civil Officer. Business days do not include weekends or holidays. If the parties reach an agreement at court, but the tenant breaches the terms of the Consent to Enter Judgment, you may then file the Request for Warrant of Removal.

Post-Judgment Relief

Is it over? Not quite. A tenant may file a response with the court in hopes to stop the eviction process.

  • Order to Show Cause: Tenant may request that the Judgment for Possession be reversed and the complaint dismissed. Tenant must prove there are just grounds for such request.
  • Hardship Stay: Tenant may request a delay of the eviction. This is referred to as a “Stay” and can be requested if the tenant is unable to find another dwelling. Stay can not exceed six (6) months and the tenant must pay all rent and costs incurred. (Note: This can be filed up to 10 days after lockout.)
  • Application for Orderly Removal: Tenant can request additional time to vacate the property. If approved, the court will allow the tenant up to seven (7) days to move out. Tenant will not be required to pay rent for those extra days.
  • Stays for Terminal Illness: If the tenant can prove that they have a terminal illness, and have resided in the dwelling for a period of at least two (2) years prior to the filing of the eviction suit, the court may allow the tenant to reside on the property for an additional twelve (12) months, as long as the tenant is current on rent payment.

FAQ

Yes. Failure to appear in court may result in your case being dismissed.

A tenant may have several defenses in court. As the landlord or property manager, you want to make sure you are doing everything you are required to do under the law in order to successfully evict the tenant. A few common defenses that hold up in court are: failing to follow through each required step in the eviction process, not having a cause for eviction, refusing to provide the tenant with a home that is both safe and decent.

If the tenant pays the balance owed prior to the date of court, the case will be dismissed and no further action will be taken. 

The case will proceed. A judge can not order the landlord to accept rent payments in installments. 

If you accept any amount of rent payment from the tenant, after a Judgment for Possession is issued by the court, the suit may be dismissed and the Order voided. Every case is unique. Be sure to consult with an attorney.

How To

Get started with FileEviction.

Gather up all of your documents. You will be asked several questions pertaining to the property, the tenant, the lease, and the cause for eviction. Once you have this information handy, login or register on our website.

Notifications

We keep you informed.

Throughout the suit there will be several dates to remember, pleadings to file, and actions to take. Not only will you receive an email notification for each of these events, you’ll also be able to easily access this information from your dashboard. We’ll help you stay informed so that you don’t miss a step.

Keep Track

Manage your evictions.

Access your FileEviction account to manage your cases, review completed documents, view prompts on your next steps, and more. 

A Quick Guide

Eviction Overview

Complaint
In the event the tenant(s) refuse to comply with the terms of the lease agreement, the landlord may proceed with filing a Verified Complaint with the court in the county where the rental property is located.
Case Management Conference
The court will schedule a date for both the landlord and tenant to appear, in person or virtually, at a Case Management Conference. Attendance is mandatory. Court staff will hear out the parties and attempt to assist them in reaching an agreement.
Mediation
If the parties fail to reach an agreement, on the date of trial, prior to appearing before the judge, both the landlord and the tenant will be asked to participate in a settlement conference and attempt to reach a mutually acceptable resolution. Absent an agreement, the case will proceed to trial.
Trial & Ruling
Trial may be conducted in person or virtually. There are a few possible outcomes. If the parties reached an agreement, a Consent to Enter Judgment may be filed. If the tenant fails to appear, a Default Judgment may be issued. The judge may also hear the case. If the judge rules in favor of the landlord, a Judgment for Possession will be entered with the court.
Removal
If a Default Judgment or Judgment for Possession is entered with the court, the landlord may file a Request for Warrant of Removal three (3) business days after the order is signed by the judge. The landlord may also file this request if a Consent to Enter Judgment is entered with the court and the tenant breaches the terms therein.
Final?
Not quite. Issuing a Request for Warrant of Removal is not necessarily the last step in an eviction lawsuit when a Default Judgment or Judgment for Possession is rendered. In some cases, though rare, the tenant may contest the ruling and request additional time to remain in the property.
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