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

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 Spanish.

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.

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.

More News >>