Notice - Landlord Tenant - Revised Packet for Tenants Seeking Return of Their Personal Property or to Return to the Rental Premises (CN 10916)

         The Judiciary has revised the attached forms packet “How to Apply for the Return of Your Personal Property or to Return to Your Rental Premises” (CN 10916) to align with changes to N.J.S.A. 2C:25-28 and N.J.S.A. 2C:25-29, which authorize a judge who issues a domestic violence restraining order to direct a landlord to change the locks on a dwelling unit where a victim of domestic violence resides.   

         The revised packet and other resources for self-represented litigants are posted in the Forms section of the Judiciary’s website, njcourts.gov. 

         Questions regarding the revised packet may be directed to the Civil Practice Division by phone at 609-815-2900 ext. 54900. 

How to Apply for the Return of Your Personal Property or to Return to Your Rental Premises

Superior Court of New Jersey - Special Civil Part

Who Should Use This Packet?

This packet should be used by tenants who have had their personal property taken and/or have been locked out of or denied use of their rental premises (for example, by having the heat turned off) without a court order.

You can use this packet if:

1. You have been locked out of your rental premises by your landlord and are seeking only the return of your personal property or the value of that property if it cannot be returned.
2. If you seek to return to your rental premises and seek the return of your personal property.

NOTE: You cannot use this packet if you are involved in a pending landlord-tenant court case or if you are a party to a temporary or final domestic violence restraining order restraining you from the rental property.

NOTE:  Do not provide any party’s confidential personal identifier information in these pleadings and on any documents that you might submit to the court unless directed to do so by court order, statute, court rule or administrative directive.

Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants.  The guides, instructions, and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules.  The most recent version of the forms will be available at the county courthouse or at njcourts.gov.  However, you are ultimately responsible for the content of your court papers.        

Completed forms are to be submitted to the county where you are filing your case.  A list of Special Civil Part Offices is provided at the customer counter and at njcourts.gov.

Things to Think About Before You Represent Yourself in Court

Try to Get a Lawyer

The court system can be confusing and it is a good idea to get a lawyer if you can.  If you cannot afford a lawyer, you can contact the legal services program in your county to see if you qualify for free legal services.  The telephone number can be found online under “Legal Aid” or “Legal Services”.

If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county.  Most county bar associations have a lawyer referral service.  The county bar lawyer referral service can supply you with the names of attorneys in your area willing to handle your particular type of case and who could sometimes consult with you at a reduced fee.

There are also a variety of organizations of minority lawyers throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases.  Ask your county court staff for a list of lawyer referral services that include these organizations.

What You Should Expect If You Represent Yourself

While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court.  You must still comply with the Rules of the Court, even if you are not familiar with them.  The following is a list of some things the court staff can and cannot do for you.  Please read it carefully before asking the court staff for help.

• We can explain and answer questions about how the court works.
• We can tell you what the requirements are to have your case considered by the court.
• We can give you some information from your case file.
• We can provide you with samples of court forms that are available.
• We can provide you with guidance on how to fill out forms.
• We can usually answer questions about court deadlines.
• We cannot give you legal advice. Only your lawyer can give you legal advice.
• We cannot tell you whether or not you should bring your case to court.
• We cannot give you an opinion about what will happen if you bring your case to court.
• We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service.
• We cannot talk to the judge for you about what will happen in your case.
• We cannot let you talk to the judge outside of court.
• We cannot change an order issued by a judge.

Keep Copies of All Papers

Make and keep for yourself copies of all completed forms and any canceled checks, money orders, sales receipts, bills, contract estimates, letters, leases, photographs, and other important documents that relate to your case.  Bring all documents to court if you are notified that an appearance is necessary.

Note:  All of the papers must be read before being signed and returned to the Special Civil Part Office. 

You must contact the Clerk’s Office for the appropriate filing fee.

To File for Return of Your Personal Property:

If you have been locked out of your rental premises by your landlord and are seeking only the return of your personal property or money to compensate you for the loss of your property if it has been sold or thrown away and cannot be returned, you should fill out the following documents:

• Form A – Verified Complaint: Fill in all of the blank spaces, except for the docket number, and sign the verified complaint on page 2.
• Form B – Order to Show Cause: Fill in only the plaintiff’s name (your name) and the defendant’s name (the landlord’s name) at the top of the page.
• Form C – Certification in Support of Order to Show Cause: Fill in all of the blank spaces, except for the docket number, and sign at the bottom of the page.

To File for Return of Possession of Rental Premises and Personal Property:

If you have been locked out or forced out of your rental premises by the landlord and you want to return to the premises and/or you want compensation for losses that resulted from the landlord’s action, you must fill out the following documents:

• Form A-1 – Verified Complaint: Fill in all of the blank spaces, except for the docket number, and sign the verified complaint on page 2.
• Form B-1 – Order to Show Cause: Fill out only the plaintiff’s name (your name) and the defendant’s name (landlord’s name).  If the judge grants the relief requested, the landlord must allow you to return to your rental premises.
• Form C-1 – Certification in Support of Order to Show Cause: Fill in all of the blank spaces, except for the docket number, and sign at the bottom of the page.

Be Sure to Note the Following:

If the judge grants you relief, you must immediately serve (give) the defendant/landlord or the defendant/landlord’s agent with the order the judge signed and a copy of all of the documents that you filed with the court in support of your application, either:

1. by mailing them by regular and certified mail, return receipt requested.
2. by personally giving the order and a copy of the documents to the landlord or the landlord’s agent. Be sure to keep a copy of all documents for yourself.

Keep the mail return receipt green card as proof of your service upon the defendant/landlord or the defendant/landlord’s agent.

If the judge has ordered that you appear in court for a hearing concerning the issues in this case, you must appear at that time or the court could dismiss your verified complaint and not grant you the relief that you requested.