How to Delay a Sheriff Lockout by Appealing an Eviction in New Jersey

If you're facing eviction in New Jersey and fear being locked out by the sheriff, you may still have options. Understanding the process for staying the sheriff lockout—especially if you are appealing an eviction—can make a crucial difference. This guide explains how renters in New Jersey can delay a sheriff’s lockout through a legal appeal, which forms to use, where to file them, and where to get help.

Understanding the Sheriff Lockout in New Jersey

After a landlord wins an eviction case, the court will issue a Warrant of Removal. This allows the county sheriff to physically eject you from the property. However, eviction is a legal process, and you do have rights until the process is complete. A critical point: a sheriff cannot lock you out until both the warrant is issued and the required notice is posted/given.

What Is a Stay of Eviction?

A stay is a legal pause or delay ordered by the court. In the eviction context, a stay will prevent the sheriff from removing you from your home while you appeal the eviction judgment. This can give you extra time to resolve the issue or prepare for what comes next.

The Appeals Process: Post-Judgment Steps for Renters

After the court enters a judgment for eviction, renters have the right to appeal. If you are appealing, you can ask the court to stay (pause) the eviction pending the outcome. Here’s what you need to know:

• Deadline: You generally have 20 days from the date of judgment to file an appeal.
• You must ask the court for a stay—the court does not grant it automatically.
• If granted, the sheriff will be instructed not to lock you out until the appeal is resolved.

Necessary Forms for Staying a Sheriff Lockout

In New Jersey, to stay a sheriff lockout during an eviction appeal, you’ll need to submit a formal written request to the court. The key official forms are:

• Application for Stay of Judgment of Possession (Form 10513)
  When and how to use: Submit this form to the Special Civil Part where your case was heard as soon as possible after judgment. For example, if you receive notice of a scheduled lockout, file this form to ask the judge to pause the eviction while you appeal.
• Order to Show Cause Application (Emergent Relief, Form 11024)
  When and how to use: If you need immediate relief (such as a lockout scheduled within days), this form lets you request emergency court intervention. Fill it out and submit it to the court clerk or Special Civil Part immediately.
• Notice of Appeal, Special Civil Part (Form 11258)
  When and how to use: Use this form to formally start your appeal. File it within 20 days of the judgment. Bring copies to the Special Civil Part Clerk’s Office with any required fees and copies for all parties involved.

All forms and filing instructions are available from the New Jersey Courts Special Civil Part.

Where Do I File My Forms?

You file all motions and appeals with the Special Civil Part of the New Jersey Superior Court in the county where the eviction case was heard.

Step-by-Step: How to Stay a Sheriff Lockout During Appeal

• Obtain the correct forms from the New Jersey Courts Landlord/Tenant Self-Help Center.
• Complete the Application for Stay of Judgment and (if needed) the Order to Show Cause for emergency relief.
• File the forms promptly at the Special Civil Part clerk's office, ideally before the scheduled lockout date.
• Submit your Notice of Appeal within 20 days of eviction judgment.
• Attend any required court hearing. Be ready to explain why you need more time.
• If a stay is granted, keep proof and show it to the sheriff if they come to lock you out.

New Jersey Tribunal Handling Tenancy Issues

In New Jersey, residential evictions and landlord-tenant disputes are handled by the Special Civil Part of the Superior Court. The court’s official Landlord/Tenant Self-Help Center provides updated forms and answers to common questions.

Relevant New Jersey Tenancy Legislation

The key law governing residential evictions is the New Jersey Statutes Annotated, Title 2A:18-53 et seq. – Summary Dispossess Act.¹

FAQ: Staying the Sheriff Lockout Through Appeals in New Jersey

1. Can the sheriff lock me out while I am appealing an eviction?
   If you have filed an appeal and the court has granted a stay of the eviction, the sheriff cannot lock you out until the appeal is decided.
   
2. How quickly must I act to stay a lockout in New Jersey?
   You must file your stay application and notice of appeal within 20 days of the eviction judgment. File as soon as possible to avoid lockout.
   
3. What forms do I need to ask the court to delay the lockout?
   Use the Application for Stay of Judgment of Possession (Form 10513), along with an Order to Show Cause (Form 11024) if you need emergency relief.
   
4. Where do I file these forms?
   File your forms at the Special Civil Part for the county where your eviction case was handled.
   
5. Can the court refuse to stay my eviction if I appeal?
   Yes, the court has discretion to grant or deny a stay based on the facts of your case. Present clear reasons for why you need the stay.

Key Takeaways for Renters

• Act quickly—file your appeal and stay application as soon as you receive the eviction judgment.
• Use official forms and follow all instructions from the New Jersey Courts.
• A court-ordered stay can prevent the sheriff from locking you out while your appeal is being decided.

Need Help? Resources for Renters

• New Jersey Courts Landlord/Tenant Self-Help Center – official forms, FAQs, and instructions.
• New Jersey Courts Forms Library – download appeals and stay forms.
• Legal Services of New Jersey – free legal help for eligible low-income renters.
• For urgent questions, call the New Jersey Courts contact numbers for your county’s Special Civil Part.

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1. New Jersey Statutes Annotated, Title 2A:18-53 et seq. – Summary Dispossess Act
2. New Jersey Courts Special Civil Part
3. Official Landlord/Tenant Self-Help Center – Forms and Procedures

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