Judge issues Order of Orderly Removal
I got this email from my attorney. Any thoughts or suggestions would be appreciated.
Thurmon:
I was out of the office for most of yesterday, so this is the first opportunity I have had to inform you of further events that occurred on Monday afternoon. On Monday afternoon, I received a telephone call from Judge Spencer. She stated that Ms. Benton (the tenant) had sent her son to Court to apply for another Order to Show Cause. I told Judge Spencer that I would object to anyone other than Ms. Benton applying for an Order to Show Cause, because she was the only tenant on the lease. The Judge then reached Ms. Benton by telephone and conducted a conference call hearing. I objected to the conduct of the hearing, because you were neither present nor participating. Notwithstanding my objection, the Judge asked questions as to the past Orders to Show Cause, we went over the history of the fact that Ms. Benton has never appeared in Court and that most recently on October 15th the Judge had vacated the last Order to Show Cause and requested that I submit an Order Extending the Time for the Court Officer to execute the lockout. The Judge acknowledged this history and stated that she had not yet signed that Order.
The Judge then proceeded to question Ms. Benton. She told Ms. Benton that she was not inclined to sign any further Orders to Show Cause and she told Ms. Benton that in her opinion at this point she must make alternate arrangements to move from the property. Ms. Benton then went into his history of illness or difficulty in finding alternate housing and the like.
At this point, over my objection, the Court stated that she was going to enter what is known as an Order for Orderly Removal. I attach a copy of that Order. New Jersey Statutes give a right to a Judge within his or her discretion after Judgment of Possession has been entered and after the Judge has made a determination that no further Order to Show Causes will be issued to give a tenant time to vacate from a tenancy. In this case, the Judge made a determination that Ms. Benton is to vacate from the apartment by November 30, 2018. Again, I objected to this determination, but the Judge would not change her opinion.
I then raised the issue of the fact that you had not been receiving rents. Ms. Benton started in again over the fact that certain repairs had not been made and the like. I argued that Ms. Benton had previously obtained a Marini Hearing Order, but she had not complied with the terms of the Order and I reminded Judge Spencer that she had vacated that Order.
In any case, Judge Spencer entered a second Order which I also attached, ordering the Clerk of the Court to immediately release to you $1,000.00 of the monies being held in escrow. She further Ordered that by no later than November 7, 2018, Ms. Benton must deposit the November rent of $529.00 into the Court.
I would ask that you review these Orders. I would point out to you that the Order for Orderly Removal does give you the right to make an application for earlier eviction, but in my opinion the Judge will not probably deviate from this Order. The main saving grace of this Order is that it states that there will be no further entertaining of any further applications for Orders to Show Cause, and that if she does not vacate the apartment by November 30, 2018, (6 weeks!) a lockout will be done and any property she leaves behind will be considered abandoned.