If a landlord attempts a self-help eviction or lockout, the tenant should call the police. If the
landlord refuses to allow the tenant back into the premises after the police have warned the landlord
about the illegal procedure, the landlord may be charged with a disorderly person’s offense. Only a
judge can order a legal eviction.
FILING A COMPLAINT FOR EVICTION
A Complaint must be filed with the Office of the Clerk of the Special Civil Part in the county where
the rental premises are located. A Landlord-Tenant complaint form (to be used by the landlord) is
available from the Clerk of the Special Civil Part in the county where the rental premises are
located.
Both the landlord and the tenant must come to the court hearing. If the landlord or his attorney does
not come the complaint may be dismissed. If the tenant does not come, a default judgment may be
entered against the tenant allowing the landlord to evict the tenant from the premises.
JUDGMENT FOR POSSESSION
If the landlord is granted a judgment 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 warrant for possession may not be issued until three (3) business
days after the judgment for possession is granted. The tenant has 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 the time the warrant for possession was served on the tenant, the landlord may arrange
for the Court Officer to have the tenant evicted or locked out.