lost landlord tenant case, what to do???

[Myetrader]

What is the name of your state? New Jersey
I just lost a holdover case in the landlord and tenant court. landlord terminated tenancy for habitual late payment of rent. What can I do now to stop or delay the eviction?
I think I have a very good case for appeal. Can I get a stay of the warrant pending appeal, and what is required to get that stay. What other alternatives are there besides appeal? What can I do now? Help please!!!!

 

[gooberitiz]

First do you owe any money to the landlord? if so that must be depsoited with the court before any appeal can happen.

Do you have this months rent today? then on Monday 9 AM you see if you can pay what you owe plus this months rent to the court, and a judge might stay the eviction....

you know the line "money talks BS walks" .well its TRUE

 

[JETX]

First thing you can do is.... ignore booger. He is just one of may names used by a forum troll..... and without ANY legal experience or knowledge!! Now that you have locked that puppy out of the house, lets get back to your post......

Q1) I just lost a holdover case in the landlord and tenant court. landlord terminated tenancy for habitual late payment of rent."
A1) Were you payments late???

Q2) "What can I do now to stop or delay the eviction?"
A2) Nothing much you can do. If you refuse to move, the landlord will help you by letting the court know of your refusal. The court will then send someone (sheriff) to help you move.

Q3) "I think I have a very good case for appeal. Can I get a stay of the warrant pending appeal, and what is required to get that stay. What other alternatives are there besides appeal? What can I do now? Help please!!!!"
A3) The only appeal allowed by state law (NJ 2A:18-59) is if the court did not have jurisdiction.
"2A:18-59. Review; landlord liable for unlawful proceedings
Proceedings had by virtue of this article shall not be appealable except on the ground of lack of jurisdiction. The landlord, however, shall remain liable in a civil action for unlawful proceedings under this article."

Also of likely interest:
"2A:18-57. Judgment for possession; warrant for removal; issuance
If no sufficient cause is shown to the contrary when the action comes on for trial, the court shall issue its warrant to any officer of the court, commanding him to remove all persons from the premises, and to put the claimant into full possession thereof, and to levy and make the costs out of the goods and chattels of the person in possession.

No warrant of removal shall issue until the expiration of 3 days after entry of judgment for possession, except as provided for in chapter 42 of this Title.

2A:18-58. Execution of warrant; use of force
An officer, to whom a warrant is issued by virtue of this article, shall obey the command of and faithfully execute the same, and may, if necessary to the execution thereof, use such force as may be necessary."
Source: http://www.mv.com/ipusers/nhpoa/njevict.htm

 

[gooberitiz]

Halket,

you dont understand the landlord tenant courts here.....they try and work things out with the parties, but

what i am suggesting is a "Hail Mary pass" that CAN work if... she has all the money judgement plus all of this months rent at 9 am monday morning she can try and persude a judge to stay the evcition. But it almost always is for just one month.

But no money, no chance.

 

[JETX]

Goober, your ignorance is showing.

The writer was not evicted due to not paying rent. She was evicted due to habitual late rent.

Her attempting to pay this month to the court won't do anything.... and they won't accept it. The court has already rendered their judgment and there are no appeals. Your inability to understand these issues is simply confusing the writer and falsely offering hope where there is none.

 

[eberha14]

Myetrader writes:
"What can I do now to stop or delay the eviction? I think I have a very good case for appeal. Can I get a stay of the warrant pending appeal, and what is required to get that stay. What other alternatives are there besides appeal? What can I do now? Help please!!!!"
=============================================

I think the answer to your question, "What can I do now to stop or delay the eviction?", is obvious. Bright and early Monday morning you need to set up an appointment with an attorney about the possibility of seeking a stay of eviction and an appeal. It needs to be done IMMEDIATELY. Call attorney offices early Monday morning until you find one who can see you right away.

If you are of low-income status you 'might' qualify for free assistance through state legal aid attorneys. Visit the following link if this is the case:
http://www.lsnj.org/

As far as evictions are concerned in your state:

*Stays of eviction for up to six months are sometimes possible if the tenant would suffer hardship because of no other living accomodations. This typically requires in part that you have all of your current and previous rent paid along with court costs, and that you can make all future rent payments on time.

*Appeals are possible in NJ in eviction proceedings.

*In addition to the stay of eviction type listed above, stays of eviction are also sometimes possible pending appeals.

*Vacation of judgment for possession is sometimes possible.

 

[eberha14]

If you can give me answers to the following IMPORTANT questions, I may be able to help you find a valid reason for appeal that you can discuss with your attorney.

1) What date does your lease end? How late were your latest rent payments?

2) What, if anything, does your lease state about late rent payments and eviction?

3) Did you ever receive a "written notice to cease late payments" after you began making late payments? If so, can you please type the contents of this letter in your reply? Did it warn of eviction if there were continued late payments?

4) If you received a written notice to cease late payments, did you continue to make 'habitual'(a series) of late payments AFTER the notice was received'? If so, about how many over how many months?

5) If you received a written notice to cease late payments, and this was followed by further late payments, did you continue to receive subsequent late payment notices from your landlord? Did any such notices warn of eviction?

6) Did you receive a written 'notice to quit/demand for possession'.

 

[eberha14]

Goober, your ignorance is showing.

The writer was not evicted due to not paying rent. She was evicted due to habitual late rent.

Her attempting to pay this month to the court won't do anything.... and they won't accept it. The court has already rendered their judgment and there are no appeals. Your inability to understand these issues is simply confusing the writer and falsely offering hope where there is none.

===========================================

This is incorrect. Appeals are possible.

 

[gooberitiz]

But she MUST have any and all the money owed, plus this months rent ...in her hand to possibly get a judge to sign an order to show cause as to why the evcition should be stayed.

 

[JETX]

This is incorrect. Appeals are possible. [/B]

I ask you one thing 'eraser'...... prove that this order can be appealed!!! Or is this just another of your many, many idiotic 'make believe' statements!!

And since I provided the STATUTE that says appeals are ONLY possible in a question of jurisdiction, how about you providing something to support your inane and incorrect post is correct.

I am getting darn tired of these nimrods posting personal beliefs as if they were fact.... and without ANY support for their ridiculous statements!!!

 

[JETX]

Myetrader... you now have two idiots (booger, who has been kicked off the forum about 100 times) and eraserhead giving you illegal and improper advice.

Your choice.... believe them because they tell you what you want to hear (and without ANY support for their crap) or you can read my post (with copies of the applicable statutes). Your choice.

And since I am not going to waste my time responding further to their idiotic posts, I hope you chose wisely.

 

[gooberitiz]

Like I said its a "hail mary pass" one shot with a judge and maybe it can be stayed, but you have to have every last dime of rent and court fees and back rent owed in your hands before you even try.


-----------------------------
New Jersey Statute:


2A:42-10.6. Judge to use sound discretion in issuing warrants or writs for removal or writs of possession; stay of
issuance; limitation
1. Notwithstanding any provisions of law, in any action brought by a landlord against a tenant to recover possession of
premises or unit used for dwelling purposes, to which this act is applicable, whether by summary dispossess proceedings,
civil action for the possession of land, or otherwise, the judge of the court having jurisdiction shall use sound discretion in the
issuance of a warrant or writ for removal or writ of possession, and if it shall appear that by the issuance of the warrant or
writ the tenant will suffer hardship because of the unavailability of other dwelling accommodations the judge may stay the
issuance of the warrant or writ and cause the same to issue at such time as he shall deem proper under the circumstances, but
in no case shall such judge stay the issuance of any such warrant or writ for possession for a longer period than 6 months
after the date of entry of the judgment of possession; provided, however, that in no case shall the issuance of the warrant or
writ be stayed or the stay thereof be longer continued, as the case may be, if the tenant should (a) fail to pay to the landlord
all arrears in rent and the amount that would have been payable as rent if the tenancy had continued, together with the
accrued costs of the action; or (b) during the stay, fail to continue to pay to the landlord the amount of rent that would be due
if the tenancy had continued; or (c) during the stay, become so disorderly as to destroy the peace and quiet of the other
tenants living in the same building or in the neighborhood; or (d) during the stay, willfully destroy, damage or injure the
premises.

L.1957,c.110,s.1.

2A:42-10.7. Rent payments not to create new tenancy
In no event shall any payment made by the tenant to the landlord for continued occupancy of any premises or unit, as
provided in section 1 of this act, be deemed to create a new tenancy.

L.1957, c. 110, p. 215, s. 2.

2A:42-10.8. Applicability
This act shall apply to all actions and proceedings by a landlord against a tenant to recover possession of premises used
for dwelling purposes for which warrants or writs of removal shall not have been satisfied, but this act shall not be
operative as to any premises under rent control.

L.1957, c. 110, p. 215, s. 3.

 

[eberha14]

Halket writes:
"I ask you one thing 'eraser'...... prove that this order can be appealed!!! Or is this just another of your many, many idiotic 'make believe' statements!!"
===========================================
I find myself reluctantly drawn into this ad-hominem attack....

I'm afraid I don't know what you mean by 'eraser'. Sometimes I edit a post to add more detail, fix typos, or rewrite some text to make it more clear. For instance, I just edited a posting to change a url for NJ legal services. I usually won't change anything unless no one has replied to my posting yet. I can't help but notice your posting is indicated as having been edited as well; unless you meant something different.

I'm afraid I also don't know what you mean when you speak of "many, many idiotic 'make believe' statements" posted by me. I stand by what I write. This is not to say I will never make an error or be mistaken(even judges in high courts make mistakes), but that I am confident in my legal education/knowledge and my ability to provide accurate/helpful information to others in this forum.

Halket writes:
"And since I provided the STATUTE that says appeals are ONLY possible in a question of jurisdiction, how about you providing something to support your inane and incorrect post is correct."

'My' inane and incorrect posting?

I wasn't aware that I was required to do research for you and and counter everything you say with legal justification. What I post here I do as a public service, and I do so at my own discretion in the little spare time that I have.

Given the disrespectful tone of your posting, I really don't feel inclined to educate you in this matter. But as a courtesy, I will teach you a lesson:

County district courts were abolished by the New Jersey legislature in 1983. Eviction actions were transferred to the Special Civil Part , which is a division of the Superior Court.
The New Jersey Constitution was amended in 1978(article VI, section 5, paragraph 2) which now reads: "Appeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by law."

The abolition of the district county courts, along with the transfer of summary landlord/tenant actions to the Special Civil Part of the Superior Court(see Rule 6:1-2(a)(3)), along with the amendment to New Jersey's constitution means that N.J.S.A. 2A:18-59 is overriden by the New Jersey Consitution and therefore unconstitutional and nugatory.

Halket writes:
"I am getting darn tired of these nimrods posting personal beliefs as if they were fact.... and without ANY support for their ridiculous statements!!!"

No comment.

 

[eberha14]

Halket writes :

"Myetrader... you now have two idiots (booger, who has been kicked off the forum about 100 times) and eraserhead giving you illegal and improper advice."

Illegal and improper advice? And who are you calling an idiot?

"Your choice.... believe them because they tell you what you want to hear (and without ANY support for their crap) or you can read my post (with copies of the applicable statutes). Your choice."

I'm sure he'll choose wisely.

"And since I am not going to waste my time responding further to their idiotic posts, I hope you chose wisely."

By all means, feel free to stop posting replies.

 

[JETX]

Eber, nice try.... but still not of benefit to the writer.

In 'WG Associates v. Roman' ( 332 N.J. Super. 555), the NJ Supreme Court ruled as follows:
"Pursuant to New Jersey law, courts hearing a summary dispossess action lack general equitable jurisdiction. Carr v. Johnson, 211 N.J. Super. 341, 347 (App. Div. 1986). Although the court may consider equitable defenses, it is beyond the power of the court to grant permanent injunctive or other equitable relief to parties. Because the landlord-tenant section is created by statute, the jurisdictional powers of the court are strictly statutory. See Chapman Mobile Homes, Inc. v. Huston, 226 N.J. Super. 405, 408 (Law Div. 1988)."

Nuff said. 'Eber', your case is closed.

Back to Myetrader, we have lately focused solely on your issue of appeal (can't do unless jurisdictional), but I did find an online PDF 'book' about Tenant rights in NJ. It includes a section on challenging the warrant for removal (chapter 11) and might be of interest to you. It can be found at:
http://www.lsnj.org/PDFs/TenantsRights2000WebEd.pdf