Tenant will be locked out (legally) in a few days. What do we do if she leaves her personal property behind? How long are we required to hold it? We live in New Jersey

First no, in a eviction they are not "locked out" they are evicted,

The Abandoned Tenant Property Law (N.J.S.A. 2A:18-72)

Sometimes, when a tenant is evicted or leaves an apartment on a voluntary basis, the tenant leaves property behind in the apartment. If you want to go back to get the property you left behind, you should notify the landlord in writing. Be sure to tell the landlord your current address. You should also tell the landlord why you left the property and when you will be back to get it.

A landlord may dispose of a tenant’s property only if the landlord believes that the tenant is not going to try to get back into the apartment legally and has abandoned the items.

In addition, the landlord must give the tenant written notice that the landlord intends to dispose of the property. The notice must give the tenant a time in which to claim the property. This is:

30 days after delivery of the landlord’s written notice; or

33 days after the notice is mailed, whichever comes first.


If the property is a manufactured or mobile home, the notice must give the tenant:

75 days from the date of delivery of the notice; or

78 days from the date of mailing, whichever comes first.
After notifying the tenant that he intends to sell the tenant’s property, the landlord must store the property in a safe place. The tenant is required to pay a reasonable storage cost and the cost of taking the property to the storage place.

If you want your property back, you should remove it as soon as possible. The landlord may dispose of the property if the tenant does not claim the property in time. Therefore, if you receive such a notice, you should immediately notify the landlord that you intend to reclaim the property. You should respond in writing because this will give you an extra 15 days from the time described above to get your property. If you do not notify the landlord in writing, you must remove the property in the time set out in the landlord’s notice (as described above).

LILL gave you the law. I also fouind this site which gives a good synopsis:
http://rhol.org/csu/evictions/New%20...erseySteps.htm

JUDGMENT FOR POSSESSION

If a landlord is granted judgement for possession, the landlord may apply to the Clerk of the Special Civil Part for a warrant for possession, which allows the landlord to force the tenant to move out of the premises. The fee for a warrant for possession is $15.00 plus double the amount of the mileage fee. The warrant for possession may not be issued until three (3) business days (not counting the court day) after the judgement for possession is granted. The warrant for possession will be issued to a Court Officer to serve on the tenant.
The Court Officer must give a residential tenant three (3) business days to move all persons and belongings from the premises. If the tenant does not move after three (3) business days from which the warrant for possession was served, the landlord may arrange with the Court Officer to have the tenant evicted or locked out. The Court Officer will tell the landlord the fee charged for an eviction.
Following the eviction, the landlord must let the tenant remove personal belongings from the premises. A landlord cannot keep a tenant's belongings, but can arrange for their storage.

So you have to have a Court Officer (generally a sheriff) arrange for the removal of the tenant and their belongings. NJ apparently has a provision for just changing the locks, but then you must allow the tenant access to retrieve their belongings.

Unless, you think the belongings have value that you can use to recoup rent owed or pay for damages, then I would be more inclined to put them in storage and inform the tenant where they are and that the fee for the storage is only paid until x date (many storage facilities offer the first month free). This absolves you of the responsibility.

Quote:

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Originally Posted by babydollbella

Tenant will be locked out (legally) in a few days.

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Hello bella:

LIL gave you good information on the property... But, this being a legal site and all, I just want to make sure our t's are crossed and our I's dotted...

The Padre wasn't just correcting your English. He was, in essence, telling you that you CANNOT, by law LOCK somebody out. If, as you say, it's legal, I assume that you have received a judgment for eviction... Even so, you cannot enforce the judgment yourself by changing the locks. You must file for a writ of execution, which the sheriff will serve, and put the offending party OUT..

Then, and only then, can you change locks.

excon

We were granted possession of the apartment after a court hearing and applied for a warrant of removal which was served on the tenant. This eviction is legal and will be done by a court officer. I stand corrected if I may have used theincorrect term of lockout.

Babydollabella