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  1. #1

    Default How Can You Remove a Subtenant Roommate in New Jersey

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

    I have a roommate that is on a month to month that is violating his agreement constantly. I sublet 2 rooms in my home to make ends-meet and 2 weeks ago took in this fellow. He is disorderly and scares me and my minor child with his uncontrollable rage over me asking him to do basic things we agreed on when he signed a simple agreement. He is constantly abusing the utilities, and not fallowing regulations of cleaning up after himself and other areas of the home. He rents a room and not a house share and invades the other spaces like the laundry room and kitchen using my belongings from toiletries to refridge to pots and pans and laundry soap. Doesn't lock the house when he goes out and keeps windows open when he leaves for work and it's raining and cold temperatures out.

    At the end of the day it is not working out. I gave him notice to vacate and he tore it up, so I called the police to just have them be a witness to the serving of the notice and they said I can't evict him. I told them I was giving him notice. I read up and believe I understand what I did wrong but want to have someone clarify it for me. Should I first give him a cease letter and simultaneously a notice of not renewing the month to month giving him 30 days to vacate? Also since he has been he just 2 weeks is it consider residency or does that even matter in anyway the is for or against me?

    Thank you in advance for your assistance.

  2. #2
    Join Date
    Nov 2013
    Posts
    672

    Default Re: How Can You Remove a Subtenant Roommate in New Jersey

    What does his lease say about notice?

  3. #3

    Default Re: How Can You Remove a Subtenant Roommate in New Jersey

    ________________________who is renting a room for $________ at __________________, NJ. This is single person occupancy, month to month rental. A deposit of $____________ was received on________________ and the remainder amount of $_____________________ for ___________________________ is due by__________________________ and monthly rent is paid on or before____________________ there after.
    Both parties agree to give the other 30 days written notice of/to vacate. Either party can give notice at any time and not limited to any reason. If the tenant leaves earlier than 30 days there will be a prorated return of rent and security after it is re-rented, less any damages if there are any and forwarded to your new address. If for some reason the living arrangements are not suitable for whatever reason or personality conflicts both parties agree to be respectful of the other till they part ways. Any illegal actives, abuse or disrespect of other’s or property will be reason for immediate eviction. The tenant agrees to allow the room to be available to enter re-entery, re-renting to other perspective tenants or repairs.
    Tenant agrees to keep common areas clean and tidy up after themselves. This includes wiping/rinsing up the bathroom sink after brushing your teeth, cleaning of kitchen counter and stove refridge and washing dishes and putting them away. Added cleaning fees will be imposed if this is neglected.
    All furniture must be care for and not abused with food or drinks, ect. please protect it with something before putting down food or drinks or possibly damaging product or something that might scratch the surfaces. Any damages will be taken out of the security unless damages are paid or repaired for before vacating.

  4. #4
    Join Date
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    Default Re: How Can You Remove a Subtenant Roommate in New Jersey

    New Jersey has an Anti-Eviction Act that provides significant protection to tenants from eviction, even if they are a month-to-month tenant. The landlord must normally file a notice to cure and may proceed with an eviction only if the conduct of the tenant is in violation of the lease or the tenant's duties and is not cured (stopped) within the notice period. As an amateur landlord, you will benefit from consulting a lawyer who handles eviction cases about the best and most efficient way to get this person to leave.

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