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  1. #1
    Join Date
    Jul 2008
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    Default How to Remove a Roommate Not on the Lease

    My question involves a roommate in the State of: New Jersey

    My roommate is not on my lease, nor did we sign any personal agreement. He refuses to clean up after himself (dishes, garbage, personal items) - and he and his friends smoke marijuana. We had discussed that he could smoke it in the living room as long as the whole apartment didn't start to smell like it. Well today when I woke up, it did, and it's started creeping into my room even with the door closed.

    He has not actually given me any money for rent, utilities, or any other apartment purchases. Instead, he's been keeping a running tally of how much he owes while subtracting the price of things he buys, like when he goes food shopping or buys things for the apartment.

    Since he's not on the lease and there's no written contract am I allowed to ask him to leave? I have no problem giving him a month or so's notice I just can't live with him anymore.

    Thanks in advance!

  2. #2

    Default Re: How to Remove a Roommate Not on the Lease

    You can obviously ASK him to leave, but if he won't go willingly you'll need to follow the procedures to have him evicted. Regardless of whether or not he's on the lease, or ever paid a dime of rent, he's your tenant in the eyes of the law, thus the need for the legal procedure.

    See http://rhol.com/csu/evictions/New%20...erseySteps.htm
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  3. #3
    Join Date
    Jul 2008
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    Default Re: How to Remove a Roommate Not on the Lease

    Thanks for the response!

    I'm sorry, I read through that link, I'm just having a little trouble understanding it and my rights.

    Does that mean that I can force him to leave, if I give him 90 days written notice? Even for reasons such as him not doing his part of the chores and leaving a mess?

  4. #4
    Join Date
    Jan 2006
    Posts
    28,309

    Default Re: How to Remove a Roommate Not on the Lease

    for failure to pay his rent, you can give a 3 day notice to quit or cure. If after thqt time, if he does not pay up, file for eviction in court.

    if you use any other reasoning, you would need to give him one rental periods notice, Then you can file for eviction.

  5. #5
    Join Date
    Jul 2008
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    8

    Default Re: How to Remove a Roommate Not on the Lease

    Thanks.

    If I were to terminate my lease early, and pay the fines to the landlord/realtor, could my roommate sue me if I gave him one month's rental period notice?

  6. #6
    Join Date
    Jul 2008
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    8

    Default Re: How to Remove a Roommate Not on the Lease

    I know this is an old thread, but I'm still fighting the battle.

    People have told me that since he receives mail at the apartment's address, I cannot legally remove him. Is there any truth to this?

  7. #7
    Join Date
    Jan 2006
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    28,309

    Default Re: How to Remove a Roommate Not on the Lease

    yes, you can legally remove him. You have to terminate his residency as required per your states laws. If he does not vacate when required, you will have to go to court and file eviction proceedings.

  8. #8
    Join Date
    Jul 2008
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    8

    Default Re: How to Remove a Roommate Not on the Lease

    So if I file for eviction due to nonpayment of rent, and he offers to pay within the 3 day period, and I required to accept the rent?

    Can I deny the payment and still kick him out anyways?

  9. #9
    Join Date
    Jan 2006
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    28,309

    Default Re: How to Remove a Roommate Not on the Lease

    first, it seems it would be silly to not accept the money if you are owed the money.

    but basically no, you cannot refuse to accept the rent and still evict for non-payment. There would have to be an eviction procedure citing other reasons.

    You need to check at a local renters advocacy office or any other assistance New Jersey or your area may have to be sure of this;

    most states do not require justification to terminate a lease. You simply provide the appropriate notice and hope they leave. If they don;t, you file for eviction with the courts.

    Some areas require a reason to terminate a lease so you need to be sure your area does not have such restrictions.

  10. #10
    Join Date
    Jul 2008
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    8

    Default Re: How to Remove a Roommate Not on the Lease

    I know it seems silly to not accept the money. But it's not a whole lot that he owes me. It's really just that I'm looking for any excuse to get him out of my apartment because he's making living there hell. I have no written lease with him, only with my landlord (which his name is NOT on). That makes it a month to month sub-tenancy basically, right?

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