Legal Question in Landlord & Tenant Law in New Jersey

In NJ, can a Stipulation of Settlement be signed outside of court (at my apartment) and still be valid? Further, can it be signed by my Fiance and still be valid? It is also not dated and only references 7/11/14 as the first payment date. I am a month-to-month tenant with no lease. I have already confirmed with the Clerk's office that the Stipulation of Settlement was never filed with them. It was signed (by my Fiance) over a month ago. All previous filings with LT Court are only in my name.

BACKGROUND: We were taken to court for eviction on 6/3/14, for which we were never notified, and a default judgement was therefore entered. On June 16th a Warrant of Removal was filed and allowed us until the 27th to vacate. On the 26th I had the eviction postponed, by appearing before a judge, allowing me until 7/3. My landlord and I came to an agreement of a weekly payment plan consisting of a lump sum and then weekly maintenance payments.

Landlord had my Fiance sign a preprinted (from Court) Stipulation of Settlement with the issues I mention above. Landlord is now saying they can use this Agreement to have us evicted within days.

Key points in my understanding are: 1) I did not sign the Stipulation, my Fiance did, 2) The Stipulation was never filed or signed by a judge (landlord says that's not necessary), now for over a month.


Asked on 8/12/14, 3:08 pm

1 Answer from Attorneys
Matthew Schutz Matthew R. Schutz, Esq.

The LL is trying to fool you. He has 30 days to evict you after obtaining a judgment of possession. This can be stayed by an agreement between the parties or an order of the court. Still he is beyond the 30 days. I would have questions about the validity of the agreement under the fact you have stated. Assuming you have conformed and paid the court will not enforce. Given the fact that you were never served you can also get the default vacated.

Even if you have not conformed to the agreement, he is beyond the time to enforce.

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Answered on 8/12/14, 4:09 pm


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