For the past 15 years, our office has been reporting on issues regarding New Jersey Landlord Tenant law. In today’s article, we will discuss the application for an Order to set aside the Judgment for Possession based on fraud or other good cause, pursuant to New Jersey Court Rule 4:50-1. These applications are generally made during the 3-business day “window” between the posting of the Warrant of Removal and the Execution of the Warrant of Removal (i.e.; the lockout). Tenants making these applications will allege a variety of perceived issues, which are generally not valid reasons for setting aside a verdict.
One common attempted defense is the tenant’s statement that he or she was never served with the Complaint. However, since a copy of the Complaint is served to the tenant via regular mail and another copy of the complaint is served to the tenant via hand-delivery to the dwelling, and the Special Civil Part Officer signs an affidavit, stating that he served the tenant, the argument that the tenant was not served is generally not credible, and are summarily dismissed by the Judge hearing the application.
Sometimes the tenant will state that he or she was in the hospital on the day of the Landlord Tenant Court date (a surprisingly common occurrence with tenants facing eviction). Provided that the tenant can show proper documentation of the hospitalization, the Court will be satisfied that there was excusable neglect in the tenant failing to appear in Court. However, a thorough Judge will then also attempt to determine whether there is a meritorious defense to the claim (i.e.; does the tenant still owe rent?). After all, it is not enough for the tenant to merely prove that he or she was unavailable on the day of Court. The tenant must prove that as of the day of Court, there really was no valid claim that should have existed.