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    lalafromjerz's Avatar
    lalafromjerz Posts: 12, Reputation: 4
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    #1

    Mar 15, 2007, 09:32 PM
    Eviction Procedure
    OK I'm 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.
    countrygirl111071's Avatar
    countrygirl111071 Posts: 13, Reputation: 1
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    #2

    Mar 15, 2007, 09:37 PM
    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 couldn't give law for your area.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 15, 2007, 09:40 PM
    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 make plans to move your things
    lalafromjerz's Avatar
    lalafromjerz Posts: 12, Reputation: 4
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    #4

    Mar 15, 2007, 09:45 PM
    Quote 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 don't expect to live and not pay rent. Everyone has problems every now and then.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Mar 16, 2007, 04:48 AM
    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.

    excon
    michelle5971's Avatar
    michelle5971 Posts: 8, Reputation: 1
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    #6

    Mar 16, 2007, 05:02 AM
    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 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
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Mar 16, 2007, 05:19 AM
    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.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Mar 16, 2007, 05:42 AM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Mar 16, 2007, 06:31 AM
    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.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #10

    Mar 16, 2007, 07:46 AM
    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.
    lalafromjerz's Avatar
    lalafromjerz Posts: 12, Reputation: 4
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    #11

    Mar 16, 2007, 08:09 AM
    Quote Originally Posted by Fr_Chuck
    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.
    Thank You for you help.However if it isn't one thing its another.In the city I live in is NOTHING like TN.The section 8 list is CLOSED because there is so many people on it.I use to live in TN and I'll tell you that was the best life.I got section 8 in Tn in 2 weeks and here in NJ the section 8 list is closed for 5 years.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #12

    Mar 16, 2007, 08:23 AM
    I am sorry, I believe section 8 is important to people who need it. I would love to have section 8 people in all my rentals, I know I will get paid that way.
    lalafromjerz's Avatar
    lalafromjerz Posts: 12, Reputation: 4
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    #13

    Mar 16, 2007, 08:23 AM
    Quote Originally Posted by ScottGem
    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.
    The answer was of help.However out here being that I do not recive WELFARE benefits I cannot get help in a shelter because u need a referral.The only income I recive is survior benefits for my sons being that there father passed away.And my brother has a part time job making less then 300 every 2 weeks.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #14

    Mar 16, 2007, 09:26 AM
    Hello lala:

    Well, maybe your brother should be out collecting cans in between working part time. I don't know. Maybe you could strap the little ones on your back and help him. Yeah, they'll be uncomfortable. But they're going to be MORE uncomfortable if you get thrown out on the street.

    excon
    lalafromjerz's Avatar
    lalafromjerz Posts: 12, Reputation: 4
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    #15

    Mar 16, 2007, 04:15 PM
    Quote Originally Posted by excon
    Hello lala:

    Well, maybe your brother should be out collecting cans in between working part time. I dunno. Maybe you could strap the little ones on your back and help him. Yeah, they'll be uncomfortable. But they're gonna be MORE uncomfortable if you get thrown out on the street.

    excon
    Don't blow the question out of portion.I never said I was going to be homeless.I was just curious as to how much time I had after the court date.The saying about strapping the kids to my back isn't even funny and If you don't have anything sensible to say don't even bother.
    tinsign's Avatar
    tinsign Posts: 275, Reputation: 66
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    #16

    Mar 16, 2007, 04:21 PM
    It really depends on the terms of your written agreement that you signed, but also how fast the courts act on it
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
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    #17

    Mar 16, 2007, 06:34 PM
    Start packing... it will happen FAST once the judge orders your move out.
    lalafromjerz's Avatar
    lalafromjerz Posts: 12, Reputation: 4
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    #18

    Mar 16, 2007, 06:38 PM
    People who are responding to my question.. please keep in MIND alls Iam asking is after the 3 DAY period how long did I have till they actually lock the door.. Im already in the process of getting another apartment but that's not UNTIL APRIL 1ST and my court date is the 21st.Thanks
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #19

    Mar 16, 2007, 06:56 PM
    In Essex County you will probably be OK until April 1st. But to be sure call the Essex County Sheriff's Office on Monday and ask them how long it takes to get an eviction performed if they are provided with a judgment for eviction on the 21st of March.
    lalafromjerz's Avatar
    lalafromjerz Posts: 12, Reputation: 4
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    #20

    Mar 16, 2007, 07:02 PM
    Quote Originally Posted by LisaB4657
    In Essex County you will probably be ok until April 1st. But to be sure call the Essex County Sheriff's Office on Monday and ask them how long it takes to get an eviction performed if they are provided with a judgment for eviction on the 21st of March.
    Thank you very much for that info.I appreciate it.I will call them Monday.

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