Legal Question in Landlord & Tenant Law in New Jersey

I have a tenant/roomate in my private home that I asked to leave after she violated rules of the house and she will not vacate. What do I have to do to get her out? I gave her 1 1/2 months to get out and that was 2 monhs ago.


Asked on 2/06/10, 9:02 am

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Actually, you may have created an oral lease between the two of you. Did she pay you any rent or reimburse you for any utilities? Did she buy food in lieu of rent? She may have some arguable points to establish that she is a tenant. On the other hand, you can argue that she is just a friend who is staying there with you at will, you can ask her to leave and if she will not, you could call the police and ask them to have her removed, as a trespasser. They may or may not assist.

If she says she is a tenant, they may require you to file to have her removed by the eviction process in the landlord/tenant Court. Or you could file an ejectment action in the Superior Court. Either way, if she does not leave amicably, or with police assistance, you will need to file something in Court and you are better off having an attorney assist you.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have any questions whatsoever, you should meet with an attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner

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Answered on 2/11/10, 9:16 am


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