On March 16, 2020 Governor Murphy issued executive order 106, which prevents lockouts and removals throughout the state.
How long will this be in effect?
This is a commonly asked question. The order is in effect about two (2) months after Governor Murphy declares and end to the COVID-19 pandemic. To date of this blog, such has not occurred.
In brief, no one knows at this point because the COVID-19 (Coronavirus) pandemic is one that is unprecedented.
What about eviction Court proceedings?
Court proceedings are technically permitted under executive order 106, but Landlord Tenant Courts in New Jersey are currently not in session (As of June 29, 2020) except to hear emergent applications.
I will clarify – though you may have an order entered against you in Court (in the future), removal and lockout proceedings are currently prohibited until our Governor declares otherwise. As noted above, it is not impossible to remove a residential tenant from the property but do understand your rights if someone is trying to evict you right now.
If you are a landlord, do understand that if your residential tenant is violent or endangering others, you have rights as well to make an application to the Court.
Can I stay in my residential property until the COVID-19 (Coronavirus) Pandemic is over?
This also depends. There are two key exceptions that will permit the Courts to evict a residential tenant during this time.
1. If the residential tenant is violent or endangering others.
2. Upon motion of the Landlord Tenant Court or motion of the parties that
“enforcement is necessary in the interest of justice”
a. The latter depends on the Landlord/Tenant Courts ability to hold court
sessions.
Can I live rent-free until this COVID-19 (Coronavirus) Pandemic is over?
In this context, Landlord/ Tenant courts rule on a residential tenant’s right to stay in a property or a Landlord’s right to possess it back. Monetary disputes are often settled in Court.
In the event monetary dispute for unpaid rent, a Landlord has the right to sue for in a separate court proceeding (depending on the amount in dispute).
For any questions regarding the procedures, do not hesitate to call us at (201) 800-4564.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.