Newark NJ Landlord Tenant Court My Experience

[Lashawn McCauley]

My tenant was unable to pay their rent in May 2018. I went to the Essex County Court House at 465 Martin Luther King BLVD in Newark NJ. You will need to go to the customer service office in room 201. Once you arrive ask the clerk for the forms to file for an eviction. Complete the forms based on the reasons you’re filing the eviction. Since my reason was for non-payment I had to write the monthly rental amount and the current amount the tenant owes. You can include late fees into the total amount the tenant owes. You will need to complete a form and make 4 copies (there is a copy machine in the clerk’s office). I believe there is a $50.00 fee to file the paper work, but you can’t file it in the customer service office that would be too efficient for government and might skew your expectations. You will need to go to the cashier office in the Veteran’s Courthouse building room 118. They only accept cash or money order. The Essex County Court House is connected to the Veterans building; the clerk gives you directions to get to the office.

Once you reach the cashier’s office give them your remaining paper work and pay your fee. They will mail you a post card with your court date within 1 week. You can also call them at 9737769300 if you don’t receive your post card and the clerk will tell you your court date, time, and docket number.

Day in court

YOU MUST BE ON TIME. People arrive early to landlord tenant court. And you must be present when your case is called. There is metered parking around the court house but just like in any metropolis city parking is a little more expensive, but I’m used to New York prices so everything outside of New York looks like a Groupon Deal to me.

Once you arrive you’ll need to confirm your attendance in the court room with the clerk by showing them your post card with your docket number. Once everyone is settled in the judge will appear and when your name is called you must confirm by standing and stating if you’re the landlord or tenant. If one party is present and the other is missing the court will automatically rule in the favor of the party present. If neither party is present the case will be dismissed. If both parties are present the judge will first advise you to meet with a moderator before ruling on the case. If the case is pertaining to non-payment of rent the tenant must prove they paid the rent, have the money to pay, or withholding the money due to serious repairs that are needed. The judge will give an example of leaking faucets and a cracked tile as not sufficient to withhold rent. Sufficient reasons to withhold rent would be broken stove, ceiling damage, etc… If the court rule the repairs are needed the landlord will be required to make the repairs and the tenant must put all of the rent into a court appointed escrow account. Tenants must be able to put the money into the account immediately.

If the case is due to non-payment of rent and it is proven, the tenant must be able to pay the rent immediately. Landlords can agree to allow the tenant to pay at a later time however if for example the tenant agrees to pay next Tuesday and doesn’t pay by Tuesday the eviction will be enforced even if the tenant pays by Wednesday. If an agreement is made it must be upheld.

In my case the tenant didn’t appear in court and the ruling was made in my favor. I then had to go to back to the cashier’s office (same office where you have to pay the $50.00 fee) and pay $30 to have the city clerk execute the eviction. I was informed I have to call and arrange a time to meet the clerk at my property; they will post an notice of eviction on the tenant’s door, and remove the locks.

My time line consisted of filing my notice of eviction on 5/11/18 and receiving a court date 30 days later on 6/12/18. 

Please let me know if anyone has had a similar or different experience. 

[Ray Reed]

you can bypass going to room 201 by just going to the nj courts website and download the form and fill it out on your computer, print, sign  and make four copies.  from this point you can just go to the cashier and pay the $54 (if the tenant lives in newark).. this saves you a good amount of time. you are in and out in 5 minutes if no one is waiting at the cashier line.  you can even mail the paperwork in but that prolongs the process.

once you file, you can also look at that same website to see your court date. it will be posted on the website days before you get the postcard.  If you have days where you know you will be out of town, write them down on the original filing papers. something like 'not available 7/3 - 7/10'.

When you win the case, about 10 days later the court officer will contact you to see if you still want the warrant of removal served.  if so, they will post it on the front door of the house stating they have 3 days to move. the tenant usually goes to court and asks for an extension or contests the lockout. if they ask for an extension, the court WILL give them 7 - 10 days extra. 

once you win the court case for non payment and file for the lockout, you CANNOT receive any type of payment from the tenant. that will get your case dismissed.  

the fees you will be looking at are the filing fees ($54), warrant of removal/landlord certification ($39) and the actual lockout when the court officer shows up to make sure the apartment is cleared out (about $75). 

In NJ you cannot add the late fees on the eviction paperwork for section 8 tenants.  also to collect late fees, lawyer fees and filing fees, your lease has to have them identified as 'additional rents'.