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  1. #1
    Join Date
    Jul 2014
    Location
    New Jersey
    Posts
    8

    Default Can Landlords Get an Order of Protection Against Lodgers in Their Home

    My question involves landlord-tenant law in the State of: New Jersey

    I am trying to help the owners of a home that live next to me. They have a month to month lease with 2 adults and never had a problem for years with these tenants until now. The reason is, their daughter, son-in-law and baby have been staying in the apartment for approximately 6 months. These new residents, claim they are only visiting. Untrue, so the home owners have retained a lawyer and the tenants were served with a 30 day eviction notice for 4-30-2016. My question is: the daughter and son-in-law and child have actually been traumatizing the home owners. This includes banging on the walls, stomping on the floors and I witnessed on several occasions the daughter physically push this elderly woman (home-owner), scream and curse at her and I myself have called the police. Of course, when the police arrive, these tenants claim they are only visiting their family and have no idea what the home owner is talking about. Therefore, the police tell the home-owners that families have a right to visit. Their lawyer is telling them he cannot legally help them until 4-30-2016.

    Is it possible, for the home-owners to file for an order of protection when the tenants live in their home and the rent has been paid every month on time? I am so afraid the home-owner's wife is so traumatized and afraid she will suffer from a stroke or heart attack.

    I thank you in advance for any help you can give me to help my neighbors!!!!!!!!

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

    Default Re: Can Landlords Get an Order of Protection Against Lodgers in Their Home

    The police have been repeatedly called to the home over reports of battery, and not once have they deemed the reports sufficiently credible to proceed with charges? The homeowners have discussed these incidents with their lawyer?

    If there have been repeated acts of battery there may be grounds for an order of protection, but given the facts you have stated they really need to be working with their lawyer before they do anything. Trying to end-run the eviction process through a petition for an order of protection could create more issues for them than it could potentially solve.

  3. #3
    Join Date
    Jul 2014
    Location
    New Jersey
    Posts
    8

    Default Re: Can Landlords Get an Order of Protection Against Lodgers in Their Home

    Thank you for your response,

    I agree with your answer! It would just cause more problems.

    Thanks again!

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