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How to stop a warrant of removal from a rented house?
Anonymous2 views3 answers
I received a notice the U.S. mail today from my Landlord's Attorney sending a request to the court requesting a warrant for removal. Here are the exact circumstances. We did in fact enter into an agreement to pay the rent on time and the arrears on any past rent due on the 15th of each in the amount of $400.00 and every month moving forward. I went and paid in cash $1,025.00 the currents months rent in full and inadvertently issued a $400.00 check to the Landlord that was from an old account I used to have and did not do it intentionally and the account was closed and because of the $400.00 return check now I receive this in the U.S. mail. I have tried to contact the Landlord repeatedly with no responses except this letter I received from the Landlord's Attorney. What are my options...?
Actually count yourself as luck that you didn't get a summons from the municipal court in regards to the bounced check and only got a copy of a letter requesting a warrant of removal.
You have two options, which I think can be done in conjunction with one another. First of all, go to the courthouse and fill out paperwork for a Stay of Eviction, which will require you to offer a good explanation as to why you should not be evicted. Secondly, contact an attorney as soon as possible that practices tenant's rights. You may not have much time left to get this resolved.
Layni S RothbortReal Estate AttorneyMillburn, NJ ·
If a warrant for removal is being requested, you must have been in court at some point defending yourself against the landlord's complaint for eviction due to your non-payment of rent. If you entered into a settlement agreement whereby you agreed to pay the rent on time going forward and to make additional payments in order to catch up on the arrearage and then failed to actually do so, even if your failure was unintentional, you have in fact breached the agreement and the judgment for possession of the rental property would have been entered in favor of the landlord. Unfortunately, once that has occurred, a tenant has no right to remain in the property unless the landlord agrees to drop the case. Your best bet would be to try contact the landlord's attorney, to explain the situation and ask the attorney to speak to his client and explain the circumstances. If the landlord is sympathetic, you may be allowed to stay; if not, the most the court can due for you is issue an additional one week "Orderly Removal" stay or a "hardship stay" of up to 6 months. The criteria for a hardship stay are venue strict and most people do not qualify and even if they do, they must move out by the end of the 6 months. So unless you can get the landlord to agree to allow you to stay, you will need to prepare to move out within the next 2 or 3 weeks. As suggested previously, you might want to consult with a local attorney who specializes in landlord/tenant law.
