You have a potentially BIG headache on your hands, and you should immediately seek to consult a qualified attorney. In order to evict this tenant, you must comply with the NJ Anti-eviction Act, NJSA 2A:18-61.1g by serving a 3-month Notice to Quit with Demand for Possession on the tenant. You will also be obliagetd to comply with the NJ Relocation Assistance Act. There may be some angels to approach this issue, but you should find someone who has dealt with this before and not go it alone, as that can even be more expensive if you do it wrong and the tenants are not forced to move. Call me if you want to discuss. Bruce Gudin, Esq. Newark, NJ www.lep-lawyers.com

The problem is that renting to an apartment illegally exposes you to owing the illegal tenant

six months rent for his moving expenses. I would suggest that you simply notify the tenant that

he must move because you have discovered that his tenancy is illegal, with the guidance of an

attorney.

Call me if you like.

You have a real problem, and you could end up owing 6 month's rent to the tenant!

You really need a lawyer who has some experience in landlord-tenant law.

I have handled cases like this. I think that the certificate of occupancy may help you a great deal, if it really was issued for the basement apartment.

Please give me a call to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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