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  1. #1
    Join Date
    Dec 2010
    Posts
    1

    Angry Evict Sublessor Roommate for Non-Payment and Lots of Other Causes

    My question involves a roommate in the State of: NJ

    3 roommates. one is on lease, other 2 are sublessors, although landlord is aware of the other 2. basically, our understanding is the sublessors are on a month-to-month basis. the tenant on the lease did not require the sublessors to put down any security.

    new roommate moves in, says he has 2 jobs and is going to school. quits the only job he has after a week, late on rent first month. gets another job, quits that after a week as well. has a friend stay with him who lost his place, so now we have 2 new roommates not paying rent, eating food, using paper products.

    this winner then brings in a cat, unauthorized (was told not allowed in our rental ad). now also has friends over constantly, several at a time, some for 15-20 minutes at a clip. our neighbors now suspect the new roommate and friend are selling drugs here. we then find out one of them has been indicted for aggravated assault 2nd degree.

    when asked if he will have december rent by the 10th, the bad roommate snaps, screams and will not shut up, starts punching walls. we call cops to make sure it doesn't escalate to physical violence. it doesn't. we tell bad roommate we'd like him to leave. and expect him to go gracefully if he can't pay the rent, even with a 2nd person in his room (who we never approved nor wanted) to help him pay.

    can *we* take the bad roommate to court, as our sublessor? or must we get the landlord involved?

    everything we read online seems to say we must evict him though, even as sublessor on month-to-month. although we also are wondering, if this guy has no lease, and his only possessions here are clothing...is he actually a tenant, or just someone who we let stay here out of the kindness of our hearts? he's been here since sept. 23, today is december 8.

    thanks for all advice. i'm trying to convince the tenant who is on the lease not to do an illegal eviction - he's angry, and threatening to go buy new locks tomorrow.

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

    Default Re: Evict Sublessor Roommate for Non-Payment and Lots of Other Causes

    The two tenants who are on the lease may be able to evict the roommate as their subtenant. I can't promise that they won't have to involve their landlord.

    You're charging him rent to stay there, even if he's not paying, so he's a tenant.

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