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Home > Law > Real Estate Law   »   Eviction Procedure

 
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Old Mar 15, 2007, 09:32 PM
lalafromjerz
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Eviction Procedure

OK im going to make this short but simple..I have a court date to go to court on March 21st to evict me from my apartment due to non payment of rent..How long from the day in court do I have to stay here.I need to know as soon as possible as Iam on a very low income and I recive only a minimum amount of money and I have 3 children.I DO NOT have section8. PLEASE HELP I LIVE IN NEWARK NEW JERSEY.

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Old Mar 15, 2007, 09:37 PM   #2  
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Quote:
Originally Posted by lalafromjerz
OK im going to make this short but simple..I have a court date to go to court on March 21st to evict me from my apartment due to non payment of rent..How long from the day in court do I have to stay here.I need to know as soon as possible as Iam on a very low income and I recive only a minimum amount of money and I have 3 children.I DO NOT have section8. PLEASE HELP I LIVE IN NEWARK NEW JERSEY.
hello , i'm no expert but , here in texas , if your on low income and have children . It is much harder to get evicted, and if they turn off any utilities on you , they get in trouble ,,, children lenghten your stay , sorry i couldnt give law for your area.
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Old Mar 15, 2007, 09:40 PM   #3  
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no, non payment is non payment, people who are poor don't get any special rights to live in a place without paying the rent.

Once they issue the eviction, the court will set up a date for a officer to come over and watch them move your property to the curb ifyou are not already out

It will be less than two weeks, and sometimes just a matter of days.

If you don't have the money to pay at the court date, you may want to go ahead and make plans to move your things
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Old Mar 15, 2007, 09:45 PM   #4  
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Originally Posted by Fr_Chuck
no, non payment is non payment, people who are poor don't get any special rights to live in a place without paying the rent.

Once they issue the eviction, the court will set up a date for a officer to come over and watch them move your property to the curb ifyou are not already out

It will be less than two weeks, and sometimes just a matter of days.

If you don't have the money to pay at the court date, you may want to go ahead and make plans to move your things
Well first off I dont expect to live and not pay rent. Everyone has problems every now and then.
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Old Mar 16, 2007, 04:48 AM   #5  
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Hello lala:

I'm going to double the Padres' estimate. I'll say you have a month. But it all depends on how efficient the landlord is and how busy the courts are.

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Old Mar 16, 2007, 05:02 AM   #6  
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In NY state they can give you a 3 day notice, meaning you have 3 days to move out or they can move your things out themselves, being supervised by a sheriff. The court can also decide whether or not to give you up to a month to move out.
It doesn't matter if you have children or how old they are. They will make you leave.
I would start now looking for another place.
I also would contact social services and see if they can help you out. In NY you can apply for what they call a one time only. They give you the money to keep you from being evicted, if you're eligible. Some people are required to pay it back to them in time making payments.
Whatever you do, don't wait until the last minute or you may find yourself with 72 hours to find another place to live.
Good luck, I hope it all works out for you
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Old Mar 16, 2007, 05:19 AM   #7  
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Hello michelle:

In the first place she lives in New Jersey. In the second place, no landlord in this great country of ours can move a tenant out after a 3 day notice. It just doesn't happen. In addition, once a forcible detainer (eviction) has been handed down, NO JUDGE in this great country of ours is going to let a tenant stay AFTER being evicted. Landlords have rights too, you know.

But it was a nice try.

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Old Mar 16, 2007, 05:42 AM   #8  
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yes about the fastest I have gotten a date for a officer to come over and watch us move the funture out was about one week, just a matter of scheduling and also giving legal notice if the person was not in court.

Now we are a smaller town, so about the longest it takes us is about two weeks. But I could image that a larger court may have a longer backlog.

But if you are in need you do need to try and get into section 8, that is what they are there for.
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Old Mar 16, 2007, 06:31 AM   #9  
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I would do the following:

1) contact social services to see if they can provide any help, either in paying rent or delaying the eviction
2) contact the housing court and see if they can give you time frames.

The NJ statutes site is undergoing revamping so I can't find any specific references. The court may, in fact, hand down an order to move within 3 days. But to enforce that order, the landlord will have to hire a sheriff or the equivalent to oversee your being put out. So the scheduling of that may take longer. If your court date is 3/21, plan on being out before the end of the month.
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Old Mar 16, 2007, 07:46 AM   #10  
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Call the court clerk's office (the phone number should be listed on your summons) and ask them for the phone number for the Homelessness Prevention Program.

To answer your original question, in the past I have seen the sheriff do an eviction approximately 2 to 3 weeks after the court issued a judgment.

Comments on this post
ScottGem agrees: Since Lisa is almost always right AND she's from NJ, this is the best advice you are getting
excon agrees: Almost??
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