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What is the difference between a consent to enter judgment for possession and an actual judgment for possession?
Anonymous6 views1 answers
I recently signed a consent to enter judgment for possession (tenant vacates) in the mediation process of eviction court. In the agreement, I am to vacate by March 1. Tonight, my landlord showed up at my door and said that he will be here on March 1 with the Sheriff. It is to my understanding that if I breech the consent, then the landlord can file for possession. Doesn't a warrant of removal have to be issued first too? Also, I just noticed tonight that the consent to enter judgment for possession states that I am to pay the defendant the amount owed in rent, but I am the defendant. Obviously, the mediator who wrote up the consent made a mistake. Is there something I can file to null and void that consent?
Thank you!
Layni S RothbortReal Estate AttorneyMillburn, NJ ·
A consent judgment for possession is where the tenant agrees to cede possession of a rental property, usually at some specific later date whereas an "actual" judgment for possession is one that is entered against a tenant by a judge after a trial. Both have the same effect: the tenant must move out or the landlord can arrange for the tenant to be locked out of the premises after a certain amount of time. That being said, if the tenant fails to give up possession as agreed or as so ordered by the court, the landlord must follow the proper procedures under the law for actually evicting the tenant. A warrant for removal must be issued by the court clerk and same must be served upon the tenant by the county constable at least three (3) days before the lockout can be done. Said lockout must also be done by the constable; the landlord is not permitted to do it himself. If the consent judgment provides that you must vacate by March 1, it is unlikely that any warrant for removal would have been issued yet, since the court clerk would not issue one in advance of the date set forth in the paperwork. Furthermore, March 1 being a Saturday means that no lockout could occur until Monday, March 3 at the earliest, since evictions are not permitted on weekends. It appears that the landlord is bluffing in order to scare you to make sure you comply with the agreement.
As for your question regarding the mistake in the wording of the agreement, referring to the plaintiff as the "defendant", that would most likely be seen as harmless error inasmuch as both parties know very well what was meant. Therefore, it is doubtful that you would be able to vacate the judgment based on such an error and you should be scrambling to move. It is possible to file a motion for "orderly removal" which, if granted could give you an additional week to vacate the premises. However, since you had agreed to the March 1 date to begin with, you might not prevail on that motion. You may want to consult with an attorney in your area to see what options are available to you.
