Q: Me and my landlord settled out of court.on the last pay he received partial and after the 7 day I received a removal

A: if no payment in full landlord can proceed with removal. the judiciary website says Enforcement of Settlements and Consent Judgments

To enforce a settlement agreement or consent judgment that allowed a tenant to either stay or vacate at a

time certain while also paying an agreed upon amount, the landlord or tenant must file a certification,

which is a formal statement of the facts of the alleged breach, or violation, and the desired relief. A

copy of this certification must be sent to the other party by regular and certified mail or the other party’s

attorney, if there is one, by regular mail or, if directed to a tenant, it can be posted on the door of the

rental premises. when cases settle, the following is filled out: APPENDIX XI-V C CONSENT TO ENTER JUDGMENT (TENANT REMAINS)

Plaintiff

v.

Defendant

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION: SPECIAL CIVIL PART COUNTY

LANDLORD-TENANT DIVISION

DOCKET #LT

CONSENT TO ENTER JUDGMENT

(TENANT TO STAY IN PREMISES)

THE TENANT AND LANDLORD HEREBY AGREE THAT:

1. The Tenant shall pay to the Landlord $ , which the Tenant admits is now due and owing and AGREES TO THE IMMEDIATE ENTRY OF A JUDGMENT FOR POSSESSION.

2. The Tenant shall pay the amount shown in paragraph 1 as follows:

a. $ immediately, which the Landlord admits receiving.

b. The Tenant shall pay the rest of the amount shown in paragraph 1 as follows:

3. The Tenant also agrees to pay $ each month as required by the rental agreement, in addition to the payment required in paragraph 1, until this settlement agreement is over.

4. All payments made during the term of this agreement shall be applied first to the rents that become due after today, and then they shall be applied to pay the balance of the arrears stated in paragraph 1. If the Tenant makes all payments required in paragraph 2b of this agreement, the Landlord agrees not to request a warrant of removal. If the Tenant does not make all payments required in paragraph 2b of this agreement, the Tenant agrees that the Landlord, with notice to the tenant, may file a certification stating when and what the breach was and that a warrant of removal may then be issued by the clerk. THIS MEANS THAT IF THE TENANT FAILS TO MAKE ANY PAYMENT THAT IS REQUIRED IN PARAGRAPH 2b OF THIS AGREEMENT, THE TENANT MAY BE EVICTED AS PERMITTED BY LAW AFTER THE SERVICE OF THE WARRANT OF REMOVAL.

5. This agreement shall end when the Tenant has paid the full amount of rent stated in paragraph 1 and then the judgment shall be vacated and the complaint shall be dismissed.

DATE:

Landlord’s Attorney Tenant’s Attorney

Landlord Tenant

NOTE: THE CERTIFICATION BY LANDLORD AND THE CERTIFICATION OF LANDLORD’S ATTORNEY (IF THE LANDLORD HAS AN ATTORNEY) ARE ATTACHED HERETO.

[Note: Appendix XI-V adopted July 18, 2001 to be effective November 1, 2001]

Revised 4/1/2004, CN 10514-