New Jersey Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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US-03314BG
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Description

Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

2A:39-3. No person lawfully or peaceably entering upon or into any real property shall hold or keep the same with force; and whatever words or circumstances, conduct or actions, as will make an entry forcible under this chapter shall also make a detainer forcible.

In general a landlord does not have the right to enter the residential rental premises without consent of the tenant or a judgment from the Superior Court of New Jersey. Even if given legal authority to enter the rental premises, the landlord may only enter in a peaceable manner.

New Jersey Eviction Process Timeline Notice Received by TenantsAverage TimelineIssuing an Official Notice3 days to 3 yearsIssuing and Serving of Summons and ComplaintA few days to a few weeksCourt Hearing and Judgment for Possession10 days to 1 monthIssuance of Warrant for Removal3 days1 more row ?

A ?Notice to Quit? is a notice given by the landlord ending the tenancy and telling the tenant to leave the premises. However, a Judgment for Possession must be entered by the Court before the tenant is required to move. A ?Notice to Cease? may also be required in some cases.

We have noted that the New Jersey eviction process is a generally fast and simple procedure that allows landlords to evict tenants in as little as four to six weeks. There are no Counterclaims allowed by the Defendant (Tenant) and there is no requirement that the parties exchange any discovery prior to trial.

You may be able to stop this warrant and remain in the property if you apply to the Special Civil Part Court for relief. You may apply for relief by delivering a written request to the Office of the Special Civil Part and to the landlord or landlord's attorney.

The fee for a warrant of removal is $35 plus a $7 service fee for the Special Civil Part Officer. The Special Civil Part Officer must give a residential tenant at least three (3) business days to move all persons and belongings from the property.

Tenants can request an Order for Orderly Removal, which grants them more time to move out. This could give them up to seven calendar days to move. They can request a hardship stay. This could stop the eviction for up to six months.

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New Jersey Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand