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I evicted a tenant legally today. In Newark,New Jersey. The…

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I evicted a tenant legally...
I evicted a tenant legally today. In Newark,New Jersey. The state marshal came with a court order and changed the locks. The tenant was not ready and left her belongings in the apartment. Now, the tenant tells me that she'd get a locksmith to get into the apartment.Can I have her arrested? She has no court order. How can I prevent her from getting into the apartment?
Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
8/2/2017
Lawyer: barristerinky, Attorney replied 8 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,046
Experience: Attorney over 17 years, landlord 26 years
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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When the marshal came and executed the writ of possession, he has delivered legal possession back to you and the tenant no longer has any rights to be on the property. If they return, you can have them arrested for trespassing and it they enter the property, for burglary as well because they have no legal right to enter the dwelling any longer without your permission.

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thanks

Barrister

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Customer reply replied 8 months ago
She sent me this, but I don't believe her as she's a drug addict and is a pathetic lier.
Customer reply replied 8 months ago
This document doesn't have the judge's seal, right? How do I know if this is a valid document?
Lawyer: barristerinky, Attorney replied 8 months ago

I can't read what that is as I just see part of a document sideways.. If you can scan it in as a PDF or take a photo of the entire paper, I can take a look..

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Customer reply replied 8 months ago
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Customer reply replied 8 months ago
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Customer reply replied 8 months ago
Sorry, these are all bad quality, but the tenant sent me these via her cellphone.
Customer reply replied 8 months ago
Do you know how this document is supposed to look like?
Lawyer: barristerinky, Attorney replied 8 months ago

That looks like a stay of execution of the eviction by what I can make out... However, if you have already evicted her and the marshall was not given that notice prior to doing so, then she may be out of luck..

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I would suggest contacting the courthouse first thing in the morning to see if it is legit... it looks that way to me from what I can see as the format looks correct. But if she were to try to get in tonight before you confirm it with the court tomorrow, I would still call the police. The marshall should have posted the property with legal paperwork stating he has returned possession to you and evicted the tenant..

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If it is legitimate, then you would have to restore her to possession until the stay order is heard on the 10th.

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thanks

Barrister

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Customer reply replied 8 months ago
This is what's currently posted on the door. The marshal posted that today. After that, she said she'd go to the court, sent me these pictures after 6pm. So...can she get in now?
Lawyer: barristerinky, Attorney replied 8 months ago

If the order staying the eviction is legit, and it appears so, then she has the legal right to be returned to possession immediately. So if she wants to call a locksmith and pay them to open the lock, then I don't think the police would arrest her because the stay order trumps your lock out order, at least right now..

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thanks

Barrister

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Customer reply replied 8 months ago
why is the court issuing a stay order? She hasn't paid rent for 5 months, I went to the court for non payment, she was served, and the marshal went there to evict her. So what is the basis for staying now??
Lawyer: barristerinky, Attorney replied 8 months ago

No way for me to know... she likely came up with some lie to convince the court to issue the temporary stay..

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Customer reply replied 8 months ago
If this is legit, then she has until aug 10, and that's the end of it? How will I evict her again, call the marshal again to regain entry?
Lawyer: barristerinky, Attorney replied 8 months ago

Yes, if the hearing on the 10th goes your way, and it should, then the stay would be lifted and the marshall could again execute the order to put you back in possession.

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It is very likely this is simply a stall tactic for her to get more time to move all her stuff out and she may not even bother to appear on the 10th.

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Customer reply replied 8 months ago
there's another hearing on the 10th and I have to go to the court again?
Lawyer: barristerinky, Attorney replied 8 months ago

yes

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Customer reply replied 8 months ago
I'm not in that city and will not go there. I'm not responsible to do anything, right? She can go to the police, show this doc, and get back in? I don't want to personally get involved.
Lawyer: barristerinky, Attorney replied 8 months ago

Correct, you don't have to do anything. That just gives here the legal right to regain entry.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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