NEW TENANCY RULES
On November 1, 2001 the Supreme Court ordered a new set of
"Rules" and procedures to be followed by New Jersey
landlords seeking the eviction of tenants. We will highlight some of
the more important rules.
6:2-2 Process: Filing and Issuance
(a) Delivery to Clerk: Issuance
In addition to the Summons and Complaint in Tenancy, the
Plaintiff shall furnish to the Clerk for service, copies of the
announcement contained in Appendix XI-S to the Rules, in English and
6:5-2 Notice of Trial. Assignment for Trial
For all tenancy actions, the judge presiding at the calendar call
shall provide instructions conforming with the announcement contained
in Appendix XI-S. Written copies of the announcement will also be
available to litigants in the courtroom. A videotape, prepared either
by the Administrative office of the Courts or by the vicinage, may be
used for the second reading if the judge deems it necessary. In those
counties with a heavy Spanish-speaking population, the announcement
shall be given in Spanish both orally and in written form.
6:6-3 Judgment by Default.
In summary actions between landlord and tenant
for the recovery of premises, the plaintiff’s affidavit must state
the facts establishing jurisdictional cause for eviction required by
the applicable statute and the charges and fees, claimed to be due as
rent, other than base rent, are permitted to be charged as rent by the
lease and by applicable state, federal and local law. If the landlord
is represented by an attorney, that attorney must also submit a
certification 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. 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 the facts alleged in the notices are true.
If the landlord fails to obtain or make written
application for the entry of judgment for possession within 30 days
after the entry of default, such judgment shall not be entered
thereafter except on application to the court and written notice to
the tenant served at last 7 days prior thereto by the mailing of
certified and ordinary mail.
6:6-4. Consent Judgment for Possession and
Stipulations of Settlement.
No warrant of removal may be issued or executed
unless in compliance with all provisions of law.
See (a) and (b)
There are several new forms in the Appendix to the
rules, in addition to Appendix XI-S; Appendix XI-T; Appendix XI-U,
Appendix XI-V and Appendix XI-W.