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  1. #11
    Join Date
    Aug 2007

    Default Re: Evicting Roommate Not On the Lease in New Jersey

    Quote Quoting edinjersey
    View Post
    Ok, well I'm still just as confused as to what to do here. The housing person hasn't returned several calls since they're dealing with other people being evicted as opposed to me who is trying to evict somebody.

    The way I see it, I have a landlord-tenant relationship with the deadbeat. However, this must be a NJ-specific thing, but they do keep telling me that only the owner is allowed to file. However, there's got to be some way of me being allowed to boot the deadbeat without the owner getting involved-maybe I have to get something in writing saying that I have agency power to evict? I already had the cops at my place back in December when I tried to take the keys and they attacked me trying to get them back. Only result was that they had to spend the night somewhere else, but the cops said they won't evict without an order, and the court personnel wouldn't let me proceed with an eviction saying I wasn't authorized. But when I ask them what I'm supposed to do, they say they can't offer legal advice. Only in New Jersey....

    Sadly, what the court told you is correct. NJ has some very tenant friendly laws regarding evictions. You can't throw their stuff out; you can't have the police remove them; you can't file evictions proceedings; The person is legally allowed to stay in the apartment until the building does something to get them out. Heck, if you lock them out, they can call the police and get YOU in trouble if you refuse to let them back in. That's the ropes in NJ. Don't listen to what ANYONE else on this site tells you; I just had the same exact problem in June, trust me man.

    Your only recourse (as I just learned) is to either have the building management evict them or let them stay their course and then take them to small claims court to get the rent they didn't pay. When I pursued management initiated eviction, it scared the person out. That was lucky because I think the building may have gotten angry at me for getting them involved. They could force you to pay legal fees, and if subletting is against the rules of your lease, you risk the building turning around and evicting you as well for breaking the lease terms. fortunately in my predicament, I had authority from management to let the person live there, despite not being on the lease. But it sounded like if I was forced to use their attorneys for the eviction, I wouldve had to pay some fees or have it taken out of my deposit.

  2. #12
    Join Date
    Mar 2005

    Default Re: Evicting Roommate Not On the Lease in New Jersey

    Quote Quoting NotALandlord
    View Post
    You can not evict someone who is not on your lease in NJ unless you are the apartment manager/owner.
    As is discussed in your thread, that is just plain wrong.

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