ESSEX COUNTY LANDLORD TENANT COURT

WHAT TO DO ON YOUR COURT DATE

YOUR APPEARANCE IS REQUIRED!

It is important that you appear in court on your court date. If you do not appear, a default judgment will be entered against you and your landlord will be permitted to evict you. If there is a good reason why you cannot appear on that date, you should seek permission from the court to reschedule the hearing.

WHERE TO GO

The courthouse is located at 465 Martin Luther King Blvd. in Newark. Go to Room 206 in the Hall of Records, no later than 8:30 A.M. Follow signs to the landlord/tenant court and ask the security officers for directions if you can’t find the room. When you arrive, you will check in at one of the windows and then enter the assembly room.

➢ DO NOT BE LATE. If you get to court late, a default judgment may be entered against you, which would allow your landlord to evict you.

➢ IF YOU ARE LATE, you should try to speak to the court staff as soon as you can to tell them that you are present.

WHAT HAPPENS WHEN YOU ENTER THE ASSEMBLY ROOM

➢ Make sure your cell phone is turned off or on silent.

➢ If you are wearing a hat, you should remove it. Any hat or head dressing that is being worn for religious purposes does not need to be removed.

➢ The court staff will first play a short video advising tenants of their rights in English, then in Spanish.

➢ After the video, the judge or court staff will call the names of the landlords and tenants whose cases are scheduled to be heard that day. There will be many cases on the list.

➢ When you hear your name, answer “TENANT” in a loud voice and stand-up if you can.

➢ Your landlord or your landlord’s attorney will also be required to enter an appearance when your case is called. If no one enters an appearance for your landlord, the eviction case against you should be dismissed.

➢ If you hear the judge say that your case is “DISMISSED,” you can leave the assembly room. This means that your landlord did not enter an appearance. Do not leave the assembly room unless you are sure that the case against you was dismissed.

➢ If the court staff says “READY CASE” that means all parties have appeared and your case will go forward. Listen for the name of the Judge who will be hearing your case. You should stay in the assembly room until you receive instructions from the judge or court staff. The judge or court staff may tell you to go to the mediation room on the other side of the check-in windows to discuss the case with the landlord or his/her attorney, or the court staff may send you to a court mediator to try to settle the case.

settling the case befor you see a judge

➢ Remember that settlement is your choice. You do not have to agree to any settlement offer, whether it was made by the landlord, the landlord’s attorney, or even the mediator.

➢ If you choose not to settle, the judge assigned to your case will decide whether the landlord has the right to evict you. You should not agree to a settlement that requires you to move out if you have a valid defense or if you can pay the rent owed. On the other hand, if you cannot pay and you think the judge will probably rule in the landlord’s favor and against you, a settlement may be better than taking the risk of having the judge rule on your case. Keep in mind that, if the judge rules in favor of the landlord, the landlord or the landlord’s attorney is unlikely to be willing to settle on terms that were previously discussed with you.

➢ If you settle your case, make sure you and the landlord or his/her attorney fill out and sign a document called a “stipulation of settlement” or “consent judgment” that explains the terms of your settlement to the court.

➢ If you are not agreeing to move out, make sure the completed settlement document allows you to “retain possession” (stay in your apartment).

➢ Do not agree to a payment plan in that completed settlement document that you will not be able to afford. If you violate the terms of the settlement, you may be evicted without another chance to see the judge.

➢ You may need to stay to “place the settlement on the record” which means a judge or a hearing officer will review the settlement and make sure you understand what the settlement means.

IF YOU DO NOT AGREE TO SETTLE THE CASE

➢ If you and the landlord (or the landlord’s attorney) do not agree to settle your case, you should not leave the courthouse. Make sure you know which judge you need to go see.

➢ When you are before the judge, do your best to stay calm and be polite. The landlord or his/her attorney will speak first – do not interrupt. You will get time to speak.

➢ If you have evidence, such as pictures or rent receipts, you must show it to the judge.