Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, August 25, 2009

Appendix XI-G - Warrant of Removal

APPENDIX XI-G --- WARRANT OF REMOVAL

Docket No.: Superior Court of New Jersey
Law Division, Special Civil Part
Landlord/Tenant Section, Any County
Plaintiff's Name (Court Address -- 1st Line)
Plaintiff(s) - Landlord(s) (Court Address -- 2nd Line)
- vs - City, NJ 00ZIP
Defendant's Name Phone No. (XXX) XXX-XXXX
Defendant(s) - Tenant(s)
(Address -- 1st Line)
(Address -- 2nd Line)
City, NJ 00ZIP

WARRANT OF REMOVAL
To: Name of Court Officer
(Special Civil Part Officer)

You are hereby commanded to dispossess the tenant and place the landlord in full possession of the
premises listed above. Local police departments are authorized and requested to provide assistance, if needed, to
the officer executing this warrant.


To: Name of Defendant
(Tenant(s))

You are to remove all persons and property from the above premises within three days after receiving this
warrant. Do not count Saturday, Sunday and holidays in calculating the three days. If you fail to move within
three days, a court officer will thereafter remove all persons from the premises at any time between the hours of
8:30 a.m. and 4:30 p.m. on or after ________________ (month) _____________ (day), _____________ (year).
Thereafter, your possessions may be removed by the landlord, subject to applicable law (N.J.S.A. 2A:18-72 et
seq.). The 3 day provision applicable to residential tenants does not apply to commercial property. Commercial
tenants may be evicted at the time the warrant is served.
It is a crime for a tenant to damage or destroy a rental premises to retaliate against a landlord for starting
an eviction proceeding in court and in addition to imposing criminal penalties the court may require the tenant to
pay for any damage.
You may be able to stop this warrant and remain in the premises temporarily if you apply to the court for
relief. You may apply for relief by delivering a written request to the Clerk of the Special Civil Part and to the
landlord or landlord's attorney. Your request must be personally delivered and received by the Clerk within three
days after this warrant was served or you may be locked out. Before stopping this warrant, the court may include
certain conditions, such as the payment of rent.
You may also be eligible for housing assistance or other social services. To determine your eligibility,
you must contact the welfare agency in your county at (address) ,
telephone number (XXX) XXX-XXXX.
Only a court officer can execute this warrant. It is illegal and a disorderly person’s offense for a landlord
to padlock or otherwise block entry to a rental premises while a tenant who lives there is still in legal possession.
A landlord can only do these things in a distraint action involving non-residential premises. If your property has
been taken or you have been locked out or denied use of the rental premises by anyone other than a court officer
who is executing a warrant of removal you can contact the Special Civil Part Clerk’s Office for help in (a)
requesting an emergency order to return your property and/or put you back into your home; and/or (b) filing a
lawsuit requesting a judgment for money.
If you do not have an attorney, you may call the Lawyer Referral Service at (XXX) XXX-XXXX. Si Ud.
puede pagar los servicios de un abogado, pero no conoce a ninguno, puede llamar a las oficinas del Servicio de
Recomendacion de Abogados del Colegio de Abogados de su Condado. Telefono: (XXX) XXX-XXXX. If you
cannot afford an attorney, you may call Legal Services at (XXX) XXX-XXXX. Si Ud. no puede
pagar un abogado, puede llamar a Servicios Legales: (XXX) XXX-XXXX.



To: Landlord XXXXX XXXXX
Address: XXXXXXXXXXX
City, NJ 00ZIP
Telephone: (XXX) XXX-XXXX

A person commits a disorderly person’s offense if he or she does any of the following things after being
warned by a law enforcement officer or other public official that they are illegal: (1) illegally evicts a residential
tenant without a warrant of removal issued by a court or the consent of the tenant; or (2) refuses to immediately
let the tenant who was evicted this way back into the premises to live there. A person who is convicted of an
offense under this section more than once within a five-year period is guilty of a crime of the fourth degree.

“Illegal eviction” means to enter onto or into the rental premises and hold it by:
(1) any kind of violence including threatening to kill or injure the tenant;
(2) words, circumstances or actions which are clearly intended to incite fear, apprehension or a sense of
danger in the tenant;
(3) putting the personal property or furniture of the tenant outside;
(4) entering peacefully and then, by force or threats, putting the tenant out;
(5) padlocking or changing the locks;
(6) shutting off vital services such as heat, electricity and water or causing them to be shut off; or
(7) any means other than a court officer executing a warrant of removal issued by a court.



To: Law Enforcement Officers

Tenants evicted without a warrant of removal are entitled to reenter and reoccupy the premises and shall
not be considered trespassers or chargeable with any offense provided that a law enforcement officer is present at
the time of reentry. It is the duty of the officer to prevent the landlord or anyone else from obstructing or
hindering the reentry and re-occupancy of the dwelling by a tenant who was evicted without a warrant of removal
executed by a court officer.

Date: ________________ Witness:
(Judge)

Name of Clerk, Clerk of the Special Civil Part
=================================================================================
Certification of Service and Execution of Warrant of Removal
I hereby certify that I (check as applicable) __ served __ executed this warrant of removal as follows:

Date First Served: ______________________ Method of Service: _______________________
If Unserved, Why: ______________________ Must Vacate By: _______________________
Date and Time Executed: ______________________ Date Executed Warrant Posted: __________________
Date Executed Warrant Served on Tenant: _________ Date Executed Warrant Served on Landlord: ________
Mileage Charge for Execution: $_________________ Additional Services Charge: $____________________
Additional Services Performed: _________________________________________________________________

__ ___________
Signature of Special Civil Part Officer

____________________________________________
Printed or Typed Name of Officer

[Note: Adopted effective January 2, 1989; amended June 29, 1990, effective September 4, 1990; amended July 14, 1992, effective
September 1, 1992; amended July 10, 1998 to be effective September 1, 1998; amended July 12, 2002 to be effective September 3, 2002;
amended July 28, 2004 to be effective September 1, 2004; amended July 27, 2006 to be effective September 1, 2006.]