How can a tenant get more time to move out?
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How can a tenant get more time to move out?
We had some issues with our landlord and we were taken to court for non-payment of rent. We entered into an agreement to pay and vacate the premises by the 31st of this month. Also, our landlord would not agree to allow us to live here if we did not waive our right to future stays. We had no choice but to agree as finding housing with such short notice is almost impossible. We are current with our rent and owe no money. The problem is that the housing that we were supposed to move into for the 1st will not be available until the 18th (mainly because we live in a beach community and summer rentals have been extended). Is there anything we can do or petition the courts with, that will allow us to stay (paying the next month’s rent, of course)?
Asked on August 13, 2011 New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need the landlord's agreement to remain an extra 18 days; the court can grant an Order for Orderly Removal to allow you extra time, but that Order is limited to one week, which is not enough.You might try offering the landlord the pro rate amount of rent for 18 days to see if he'll let you stay longer. If he won't agree, then you can try to see if you can "run out the time"--if you don't leave on the 31st, he'll need to ask the court for a warrant of removal, which will take a few days; then after the warrant is served on you, it can't be executed for another 3 days; 2 days after the warrant is served on you, you can go to court on an Order to Show Cause (OSC) requesting an order for orderly removal (another week)--you may be able to pull together enough time.
Alternately, when you go for the OSC, you could also request a hardship stay. This requires payment of rent and is supposed to be only when there simply is no housing available, not just when you need extra time owing to a mismatch between move in and move out dates. But if you are in a beach community where rentals are limited, you only need 18 days, and you have the money, the court may grant this to you, even though technically it should not.
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