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  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Default How to Evict a Non-Lease Roommate

    My question involves an eviction in the state of: New Jersey

    My friend, I'll call her Jill, took in a roommate, I'll call him Bob, about 10 months ago who had no where else to go. The original agreement (verbal only) was that Bob would stay for a little while to get back on his feet. He was to pay the utilities and food. Jill is the only one on the lease and is not supposed to have any one else living with her. The landlord is not involved at this time.

    Since Bob moved in, he has frequently had other people staying at the apartment, has not paid for his share of food (will steal Jill's), and Jill's electric bill is past due a couple months (Bob was supposed to be paying all of it) and is about to be shut off. Bob is also using illegal drugs in the apartment.

    Jill has told Bob is the past that he needs to leave, but he won't. She has never gotten anything in writing from him or given anything in writing to him- it has all been verbal. Bob is quite a bit larger and younger than Jill and she is afraid that Bob will get physical with her. She did have to call the police during an altercation and they told her to get a restraining order, but she didn't.

    What does Jill have to do to legally get him out of the apartment? Does she have to give him the notice and wait the 30 days, or since his "rent" has been paying the utilities, can it be 3 days (as referenced here: http://rental-housing.com/csu/evicti...erseySteps.htm.

    Any help would be greatly appreciated!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: How to Evict a Non-Lease Roommate

    She should get a lawyer to advise and assist her. I don't know how savvy Bob is about the legal system, but I am skeptical that if he defends an undocumented "he was supposed to pay the electric bill that was in my name" claim is going to support an action for nonpayment of rent. He may also be able to bring a defense based upon whether or not she has standing to evict him. And then, assuming she gets an order of eviction, she has to enforce it - if she won't even act when he's supposedly threatening her, what's she going to do during the period of time between when she sues him and gets an eviction order, or between the time she gets an order and the time she can actually legally evict him?

    If she hasn't waited too long and remains in fear, the personal protection order would seem to be a more sensible approach.

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: How to Evict a Non-Lease Roommate

    Thank you for your advice. I know that she hasn't followed through in the past, but I am hoping that she will follow through this time.

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