Trying to get some help for my parents. They own a 2 family house. They live on the first floor and rented out the second floor a couple of years ago. A lease was never signed, so the family living on the second floor are living there month to month. My parents want to evict them because of the noise and not getting along now. So what process would need to be followed to get them evicted? I know NJ laws about evictions can be strict and confusing. Thanks for any help.

Id like to add, how would this situation be affected by NJ's Anti-Eviction Act to protect tenants?

This site should help:

Guidelines for New Jersey Residential Eviction (http://rhol.org/csu/evictions/New%20Jersey/NewJerseySteps.htm)

If the issue is excessive noise, then you have to give them notice of that as continued disorderly contact.

NJ's Anti-Eviction Act does not apply to owner-occupied 2 or 3 family residences. So your parents do not have to comply with that Act.

What your parents need to do is give the tenants a written notice that their tenancy is terminated and they must vacate within 30 days. If they don't vacate within that time then your parents will have to file a lawsuit for eviction in the county court.

Go to http://www.nj.gov/dca/divisions/codes/publications/pdf_lti/t_i_r.pdf to read about your parents rights and responsibilities as landlords in NJ. Make sure you take notice that in many situations the regulations do not apply since this is an owner-occupied 2 or 3 family residence.

NJ's Anti-Eviction Act does not apply to owner-occupied 2 or 3 family residences. So your parents do not have to comply with that Act.



Even better ;)