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  1. #1
    Join Date
    Jan 2008
    Location
    New Jersey
    Posts
    8

    Default Evicting A Non-Leased Housemate In New Jersey

    As mentioned in another thread, I am considering renting my basement to a friend who is need of a temporary living situation (2-3 months).
    Before doing so, I am trying to get as educated as possible on all scenarios.

    Without a lease, and with such a short term agreement, if this party refused to move out after the allotment of time agreed, how difficult is it to then remove them from my home?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Evicting A Non-Leased Housemate In New Jersey

    Pretty difficult. Self-help evictions are illegal in New Jersey.

    Protect yourself. Never, never, ever rent to someone without a clearly spelled out lease agreement.

  3. #3
    Join Date
    Jan 2008
    Location
    New Jersey
    Posts
    8

    Default Re: Evicting A Non-Leased Housemate In New Jersey

    I understand that a lease is primarily to protect the landlord, but from everything I'm reading, it seems to me there's no real protection from a tenant that won't leave. Am I missing something?

    Granted, if ALL the proper steps are taken by the landlord, then most likely the judge would rule on his behalf. However, a landlord would still have to go through all the headache of court, etc. just to get the tenant to leave if the tenant ignored a formal notice from the landlord to vacate. Correct?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Evicting A Non-Leased Housemate In New Jersey

    Correct.

    HOWEVER...

    Without an actual lease, it becomes a matter of "he said/she said". With a lease, you have firm, written proof as to the terms of your agreement rather than mere spit and a handshake.

    You can write your lease yourself, without even bothering to put it into lawyerese. Or, if you'd rather, you can modify this one to your liking.

    I feel compelled to ask, though...if you're so afraid that your friend will refuse to leave and thus make your life miserable, why would you even consider renting to him to begin with? Seems to me that if you can't trust him to stick to the terms of your agreement, the whole thing might be more trouble than it's worth.

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