Legal Question in Landlord & Tenant Law in New Jersey

Wants Tenant's Girlfriend Out

My friend's girlfriend moved in with him about 8 months ago, the relationship is over, he is purchasing a house and moving out in July, not renewing his lease. His girlfriend refuses to leave the apartment. What are his options in New Jersey? Her name is not on the lease.


Asked on 5/27/09, 1:32 pm

1 Answer from Attorneys

Re: Wants Tenant's Girlfriend Out

This is an interesting question. Is he still in the apartment? if so, and she is suppose to pay part of the rent, and she is not, sue her now, and ask the court to order her to vacate and pay past rent, and agree to drop everything if she just leaves ASAP. Even if there is no written agreement, she is essentially trespassing. Terminate the lease with the Landlord. Tell him she may be difficult, and you will work with him IF there is a problem. Give her written notice to terminate, and tell her she will be responsible for any costs fees and penalties that may flow from her refusing to terminate. You then may need to file a complaint in Chancery Court, and move for "ejectment". Another legal term you may need is "anticipatory breach". Try to get her to respond in writing to you, or even record her stating she won't move out when you do. (you may not be able to use it as direct evidence, but if when you question her, if you ask her if she told you she would would not move out, even when you moved out, and she says "No", you CAN use the tape recording to impeach her.

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Answered on 5/27/09, 6:38 pm


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