2A:42-10.17. Warrant for removal; disorderly or destructive residential seasonal tenant
The provisions of any other law to the contrary notwithstanding, in any action alleging habitual violation of section 2b. of P.L.1974, C. 49 (C. 2A:18-61.1b.), or violation of section 2C. of P.L.1974, C. 49 (C. 2A:18-61.1C. ), brought by a landlord against a tenant to recover possession of any furnished unit leased or rented for seasonal use in any premises of five or fewer units, the court having jurisdiction shall issue a warrant for removal within 2 days from judgment for possession. Such a warrant for removal may be stayed only upon consent by the landlord. For the purposes of this act “seasonal use” means use for a term of not more than 125 consecutive days for residential purposes by a person having a permanent place of residence elsewhere. “Seasonal use” does not mean use as living quarters for seasonal, temporary or migrant farm workers in connection with any work or place where work is being performed. The landlord shall have the burden of proving that the use of the unit is seasonal.
L.1979, C. 392, S.2, eff. Feb. 6, 1980.
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