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RIGHT TO EVICTION VIA "EMERGENT CIRCUMSTANCES" - Landlord/Tenant Law - New Jersey





Does Your Landlord/Tenant Issue Fall Under the "Emergent Circumstances" in the Interest of Justice to Warrant an Eviction Trial?


Our office just won an Order to Show Cause Hearing where an Essex County Superior Court Judge ruled that our client, a landlord, may proceed to have an eviction trial during the eviction moratorium presently in effect in the State of New Jersey. How did we manage to get to this point? Let us explain.


By Order dated July 14, 2020, the New Jersey Supreme Court authorized several steps to support the resumption of landlord/tenant case processing during the ongoing COVID-19 crisis.


The Order dated July 14, 2020 permits landlords to apply for an issuance of an Order to Show Cause for eviction. The basis for that emergent application cannot be nonpayment of rent, except in the death of the tenant. The basis should fall under "emergent circumstances". Examples of such emergent circumstances include, but are not limited to, documented violence, criminal activity, or other health and safety concerns. The Order also acknowledges that an eviction may proceed in the "interest of justice" as provided by New Jersey Executive Order 106 (March 19, 2020).


To be clear, by prevailing in the Order to Show Cause hearing, a landlord is granted the right to proceed to an eviction trial. Prevailing in the Order to Show Cause hearing does not automatically grant an eviction or judgment of possession.


How Can We Help?

If you have any questions about an Order to Show Cause matter or any other landlord/tenant issues, contact one of our competent and experienced lawyers at Garcia Law. We have experienced attorneys who practice Landlord/Tenant Law. To schedule a consultation, contact us through our website or call (201) 340-2899.



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