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Evicting An Illegal Roommate In New Jersey

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  • 03-25-2007, 03:27 AM
    molly_lee
    Evicting An Illegal Roommate In New Jersey
    Long story short, I had to sublet the living room of my 1 bedroom apartment in New Jersey to a guy named Peter. Peter and I had an oral agreement. Peter (by his own choice) paid rent in cash, and did not sign anything= thus we only have an oral agreement. Peter is a first year law student.

    Peter has been a real asshole: late rent payments- which he paid in cash, inconsiderate, lost my cat!, etc.

    anyway, he agreed to leave the apt by May 1st, as I will be leaving the apt then too. He agreed to leave by then, as my lease with the landlord ends then and I am leaving the country. (I have a month to month lease w/ the landlord.) Peter knows I will be going to Germany in May and need my deposit. Peter left me a message today saying I'll have to evict him b/c he doesnt want to leave by May. I need my deposit! The landlord doesnt know about Peter, but i think the landlord's secretary knows about Peter's presence (again not in writing). Im pretty sure the lease I have with landlord says no other occupants.

    Anyway, this guy Peter is being a real asshole and threatened to stay at the apt and make my life hell. For one thing, I am the one of the lease, and my deposit is on the line. Even if I dont return Peter's desposit, he will be living rent free for months on my credit!

    I have a few questions:
    1. Do I have a landlord-tenant relationship with Peter as my tenant and me as landlord?
    2. can the landlord evict me b/c Im not supposed to have a subletter? If that's the case, can the landlord withhold my deposit?

    3. If I need to go thru eviction proceedings, I will not be able to make my flight to germany on May 1st (since Peter purposedly sprung this on me now and it's already end of March). What can I do in order to get Peter out?

    4. Peter paid for his deposit in cash, everything was oral, nothing in writing. what rights does Peter have and what rights do I have?

    5. I dont even care about keeping Peter's deposit, but how do I keep his in case he doesnt pay April rent, and how do I evict him?

    6. What is the eviction law for illegal sublettors??


    Any advice? Please help!!!
    thanks so much in advance for reading
  • 03-25-2007, 12:16 PM
    Mr. Knowitall
    Re: Evicting An Illegal Roommate In New Jersey
    If he's your tenant and he isn't paying rent, evict him for nonpayment of rent. If he's your tenant and you want him to move out at a specific date, terminate his tenancy.

    If you violate the terms of your lease, your landlord can opt to evict you.

    You can read about New Jersey landlord-tenant laws here.
  • 03-25-2007, 02:37 PM
    molly_lee
    Re: Evicting An Illegal Roommate In NJ- double deposit?
    Quote:

    Quoting Mr. Knowitall
    View Post
    If he's your tenant and he isn't paying rent, evict him for nonpayment of rent. If he's your tenant and you want him to move out at a specific date, terminate his tenancy.

    If you violate the terms of your lease, your landlord can opt to evict you.

    You can read about New Jersey landlord-tenant laws here.


    Thanks so much Mr.Knowitall:

    I really appreciate you taking the time to help. I have a question, when I went on the site you directed me to, it said the landlord has to pay double the deposit if the deposit isnt returned within 30 days. Does this mean that if Peter paid rent and vacated the premises as agreed & (even though there is nothing in writing, and deposit was paid in cash), Peter is entitled to double deposit if peter doenst get it within 30 days?
  • 03-25-2007, 05:18 PM
    Mr. Knowitall
    Re: Evicting An Illegal Roommate In NJ- double deposit?
    If you violate the deposit law and he sues you, he could win double damages.
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