After the warrant for removal is posted or a nonpayment lockout is executed.
The related statute requires acceptance of a qualifying payment made within the three-business-day period.
Fairkings held that the payment required to avoid eviction is the rent amount fixed in the judgment of possession.
Do not confuse this post-warrant cure window with N.J.S.A. 2A:42-6.1.
This clock starts at the warrant or lockout stage
The three-business-day period belongs to a nonpayment eviction action after a warrant for removal has been posted or a lockout has been executed. It is not a substitute for the lease due date or the separate five-business-day grace period that protects certain qualified tenants.
Preserve the exact date and time the warrant was posted or the lockout occurred, along with the court case number and judgment of possession.
The landlord must accept a qualifying payment during the statutory period
The related N.J.S.A. 46:8-49.3 requires a landlord to accept a rent payment made within the three-business-day period, including the payment methods and assistance-program pathways described in the statute, and to provide a receipt.
If outside rental assistance or a bona fide charitable organization is involved, preserve the commitment, communications and proof of tender as well as the landlord response.
Fairkings gives an important 2025 payment-amount checkpoint
In the published December 8, 2025 Fairkings Partners v. Daniels decision, the New Jersey Appellate Division interpreted the Stack Amendment to allow the tenant to pay the rent amount set forth in the judgment of possession to avoid eviction, rather than requiring later-accrued rent that became due after that judgment.
Because eviction litigation and appellate review can move quickly, use the current court source for any urgent case and preserve the judgment of possession rather than relying on a resident ledger alone.
The statute also creates a late-fee checkpoint inside this cure scenario
The enacted text says a late fee shall not be imposed in excess of the amount set forth in the application for a warrant for removal when the statutory payment condition is satisfied within the three-business-day period.
Treat this as a post-warrant case-specific check, not as a universal New Jersey percentage cap. Compare the warrant application, judgment, ledger and payment records line by line.
Documents to gather immediately
- Judgment of possession and the amount stated in it.
- Application for warrant for removal and any late-fee amount stated there.
- Warrant for removal and proof/date of posting.
- Lockout date and marshal/court records if a lockout occurred.
- Rent payment or tender proof within the three-business-day period.
- Landlord receipt or refusal/communications.
- Rental-assistance or charitable-payment commitment, if applicable.
- Resident ledger before and after the payment.
Official sources
Official enacted Stack Amendment creating a three-business-day rent-payment period after a warrant for removal is posted or a lockout is executed for nonpayment, together with landlord acceptance and notice duties.
New Jersey CourtsFairkings Partners, LLC v. Essence L. Daniels, A-2972-23 (App. Div. 2025) ↗Published December 8, 2025 Appellate Division decision interpreting the Stack Amendment to allow the tenant to pay the rent amount fixed in the judgment of possession to avoid eviction, rather than later-accrued rent.