Court Date For Eviction

Summary

A court date for eviction in New Jersey ensures due process, allowing tenants to present their case. Even with a warrant for removal, a hearing may be required to ensure fairness. Tenants may resist eviction due to lack of alternative housing or hope to contest the decision. If the tenant loses the case, they must vacate the property within the court-ordered time frame, or law enforcement may remove them. Consult your attorney for specific guidance.

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There's a court date for April. Attorney should be getting warrant for removal. Wondering why there's a court date? I live in New Jersey
Hello ****, a court date could be scheduled for various reasons, such as:
- To review the progress of the case
- Discuss the warrant for removal
- Establish a trial date
Your attorney should be able to provide specific details. It's important to communicate with them regularly.
A trial date?
A trial date is a scheduled date on which your case will be heard in court. In New Jersey, it usually comes after discovery and motions. It's crucial to discuss this with your attorney to prepare adequately.
Ok so neighbor continued to stay after notice to quit. Attorney signed for warrant for removal now what?
In New Jersey, after a warrant for removal is issued, the tenant has three business days to vacate. If they do not, a Special Civil Part Officer may remove them. Discuss with your attorney for next steps.
So if attorney signed for warrant for removal when will it be approved?
In New Jersey, the court typically approves a warrant for removal within *-* business days after it is signed by an attorney. Please consult your attorney for exact timelines.
So why is there a Court date? Also why am I being asked if I'll testify?
The court date could be a hearing to finalize the removal process. Your testimony might be required to confirm the tenant's refusal to vacate. Please consult with your attorney for more specific advice.
So you're saying the judge has the warrant for removal?
Yes, in New Jersey, once the warrant for removal is signed by an attorney, it's submitted to the court. The judge reviews and approves it. For precise information, please consult your attorney.
So if he approved it why is there a Court date?
The court date might be for eviction proceedings or to handle any potential disputes. It ensures all parties have a chance to present their case. Please consult your attorney for specific information.
Why would this be needed? Unless neighbor is trying to fight this? Help me understand
The court date could be necessary for due process, allowing the tenant to dispute the eviction. It ensures fairness and that all sides are heard. It's best to consult your attorney for precise information.
So it's giving this same neighbor whose problematic and stayed on the premises after being told to leave and lease terminated a chance?
Yes, the court proceedings ensure fairness and uphold rights of all parties involved, including your neighbor. It allows the tenant to present their case or any defenses they might have against the eviction.
I feel mislead by management
I understand your frustration, ****. Could you explain how you think the management misled you?
Because I was told they'd be granted the warrant for removal and it wouldn't require a trial or hearing
It's understandable you're frustrated. In New Jersey, even after a warrant for removal is granted, a trial or hearing might be needed for due process. This ensures fairness and allows all parties to present their case. Discuss this with your attorney for clarification.
Is it actually needed or just optional?
In New Jersey, a court hearing is generally required for eviction, even when a warrant for removal has been issued. It's not optional, but rather a part of the legal process ensuring fairness for all parties. It's best to consult your attorney for precise information.
Management has been so misleading. But I knew something was up when they asked me if I'd testify so that means it's s trial or hearing
I understand your frustration, ****. In New Jersey, being asked to testify usually implies a court hearing or trial. It's advisable to consult with your attorney to clarify any doubts and prepare accordingly.
So during the hearing I just say what's been going on
Yes, during the hearing you would typically present your side of the story. It's advisable to discuss this with your attorney to ensure you're fully prepared. They can guide you on what information to present and how to best communicate it.
Would they speak for me or on my behalf? I was told the attorney for management would be there
In most cases, if you have legal representation, your attorney will speak on your behalf during the trial or hearing. However, you may also be asked to testify. Have you discussed this with your attorney?
It's the attorney from management not my person attorney but would he still represent me?
An attorney representing management typically represents the interests of the management, not individual tenants. It's advisable to seek your own legal counsel for personal representation. In New Jersey, there are free legal aid societies that can help if cost is a concern.
But they said they'd need me to testify so I'm testifying for management
It seems you'll be testifying on behalf of management. While you can provide your account, it's advisable to consult a personal attorney to understand your rights and responsibilities in this situation. Would you like information on legal aid societies in New Jersey?
So what would make them continue the eviction?
The eviction may continue if the tenant hasn't left after the notice period, or if there are unresolved disputes. These could include unpaid rent, property damage, or breach of lease terms. For specifics, consult your personal attorney or the management's attorney.
Well they terminated her lease she's still here and making excessive noise.
If the lease has been terminated, yet excessive noise continues, it might be considered a nuisance. In New Jersey, this could be grounds for eviction. Have you reported the noise issue to management?
Yes over and over. Now they're saying it's a court date in April and I'll have to testify
It seems like the management is progressing with the eviction and your testimony may be needed to present the case. It's crucial to consult with your attorney about what to expect and how to prepare for the court date.
Will she likely be evicted based on not leaving and still making noise? What's your opinion
Based on your situation, it seems likely that eviction could proceed given:
- The lease was terminated.
- She continues to stay and exhibit disruptive behavior.
However, the final decision rests with the court. It's crucial to consult your attorney for advice tailored to your specific circumstances.
What if she says she has a kid and nowhere to go. Can her caseworker through section * help her
In New Jersey, a tenant's situation, such as having children or nowhere to go, doesn't prevent eviction. However, the tenant may seek assistance from their Section * caseworker or local social services for housing support or relocation. Please advise them to discuss this with their caseworker.
I'm wondering why she hadn't left. Once she's evicted through court her section * is at risk
In New Jersey, tenants may resist leaving due to a variety of reasons, even if it risks their Section * status. They may lack alternative housing, or hope to contest the eviction. It's crucial they discuss their options with their caseworker or legal aid.
And what if they lose the case then what
In New Jersey, if the tenant loses the eviction case:
- They must leave the property within the time frame ordered by the court.
- Failure to do so can result in law enforcement removing them.
- They may also be responsible for court costs and any unpaid rent.
For specifics, consult your attorney.