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  1. #1
    Join Date
    Apr 2010
    Posts
    2

    Default Can I Evict My Roomate

    My question involves an eviction in the state of: NJ

    Hi,

    I leased a two bedroom two bathroom apartment starting Feb 1st, 2010 for $2175 a month and then consequently subleased 1 bedroom 1 bathroom to an individual until May 31st and then month to month thereafter. Now we both are not getting along and have mutually decided to terminate the lease at the end of April, 2010. When I subleased the apartment I had him sign an agreement which is as follows...
    " I xyz, am leasing apartment 123 abc street, NJ for a period of 3 months starting Feburary 7th, 2010 and month to month thereafter for $1050 a month. From June 1st 2010 the lease can be terminated with a notice of 30 days by either lessee or lessor. Failure of proper notice would result in forfeiture of deposit $1050"
    Now today is April 4th and he is not paying the rent for the month of April and is saying that I can use his security deposit to pay for the month of April. He also has not yet paid me half of the utility bills for the month of February and March. What right do I have? I briefly discussed the situation with the Super of the building and he suggested that since he is not on the lease I can change the locks of the apartment and evict him, but I am not sure if that is Legal in New Jersey. On the other hand if do not do anything then he will leave at the end of April and then I will have to chase him for the unpaid utility bills. Can someone please help as to what are my rights.

    Thanks
    Dave

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

    Default Re: Can I Evict My Roomate

    I briefly discussed the situation with the Super of the building and he suggested that since he is not on the lease I can change the locks of the apartment and evict him, but I am not sure if that is Legal in New Jersey
    That isn't legal anywhere. Don't do that.

    Presumably, rent is due on the first? Typically, you'd serve him a three day notice to pay or get out, and if he doesn't pay up, you'd initiate formal eviction proceedings.

    This process can take several weeks, however, and may not be most expedient for you.

    Your other option is to wait until he's gone, then sue him in small claims for the rent and utilities.

  3. #3
    Join Date
    Apr 2010
    Posts
    2

    Default Re: Can I Evict My Roomate

    I am in the State of New Jersey, do i need to serve him the notice. I have researched on some websites that notice is not required for nonpayment of rent, hence i initiated the eviction proceedings.

    Also I do want to state one thing, the filing was very straight forward and was as if anyone can file against anyone. For example if I hate someone and want to spoil their public record then I can go to court initiate the eviction process and show that they are living with me and give my address even though they are living somewhere else, hence they will never get the notice and they will never appear in the court and the court will give the judgment against them. This is not a good system.

  4. #4
    Join Date
    Apr 2010
    Posts
    4

    Default Re: Can I Evict My Roomate

    Its is not that simple. One has to proove in the court to the clerk that the person you filed the case against is your tenant by the agreement and most importantly by some form of payment made through checks merely filing a case and then not being able to show proof may get you in trouble.

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