[annarete]

Quick story of no good deed goes unpunished. In September my husband and I rented a basement bedroom in our home (we own) in nj to a woman we only knew briefly who was in a tough spot (being evicted from her last place unbeknownst to us at the time). 3 of us verbally agreed to rent the room for $100/wk until nov 18th. The day came and went and she did not leave. 2 weeks prior she also stopped paying rent--refuses to do so when asked.

She states that she has nowhere to go and no money. She refuses to get a job (likely to avoid losing her medicaid and because she is a princess) but drives an expensive leased car. Since being here, she has proved to be very nasty and manipulative. She invades our family life and private space, she is verbally abusive, threatening legal action at the slightest provocation and demanding (constantly complains about her living quarters and not being allowed to bring strange men home etc... ) she has her own bath but shares our kitchen and laundry areas.

We really just want her out and have even offered her 2k cash to leave--she refused this (not enough) and any other assistance we have offered. Her own son lives locally (I contacted him without her knowledge after she refused to let me) and he will not take her in or help her because of her heinousness and because she is a "con artist" (his words).

Cops and lawyers say we have to use formal eviction to get her out so we started this process, but it is taking 6 weeks to get a court date and then it will take another 2 weeks to get and execute a writ of removal... assuming she does not use some delay tactic. She has clearly told me things she plans to say in court which are blatent lies--she obviously has no problems with perjury. That's minimum 2 extra months with this witch in our home with no rent and no relief and a difficult court case to boot.

It seems like she has more rights than us in our own home. It's like a nightmare for us. Is she really a tenant in a owner occupied dwelling with less than 3 units with all those rights or is she technically a roomer/lodger with less rights? Is formal eviction the only legal route in this situation? Why can't the cops just haul her off for trespassing and force her family to take care of her instead of us? Advise and cite sources if possible.
Thanks, annarete

[Fr_Chuck]

You have to file for an eviction in court. You are a landlord, like it or not.

Yes, any other method would be illegal, if you locked her out, she could hire an attorney and sue you and so on.

[excon]

why can't the cops just haul her off for trespassing and force her family to take care of her instead of us?

Hello annarete:

You started by telling us she's a tenant. Therefore, she's a tenant until you evict her.

She COULD be a roomer, but I don't know what state you're from. Fortunately, we have all the states landlord tenant laws here at the top of the real estate page on a sticky note. You could find out there. She certainly may be because of the weekly, as opposed to monthly, rent.

excon

[annarete]

Hi excon,
We live in nj--i put that in title but not in body of message so it could easily be missed--my bad. I checked your sticky note already and it said that nj was not up to date and to Google for answers (I have done a lot of that)--is there now a link as we approach 2008? I don't believe that I said she was a tenant---i asked if she were really to be considered one---some reading I have done suggests yes other reading says no. hope that clarifies and you can help. Thanks, annarete

[Fr_Chuck]

If there was a rental agreement made, that she would pay rent on a certain period, yes, they are a tenant.

[LisaB4657]

In response to your private message, I must agree with the answers you've already received from excon and FrChuck. This woman is a tenant under NJ law and unfortunately the world's most tenant-friendly laws apply.

The good news is, you are not required to offer this woman a renewal. You have the right to terminate the tenancy. What I would do in your situation is to give her 2 notices: first give her a 3 day pay or vacate notice concerning the rent. Then give her a notice that her tenancy has been terminated and she must vacate within the next 30 days. Make sure that both of these notices are written and have someone witness you handing them to her.

If she has not paid the rent within the 3 days then you file a lawsuit for eviction for non-payment. If she still hasn't paid the rent by the court date but if she shows up at court, then you ask the judge for permission to amend your complaint to include eviction due to termination of the tenancy.

If she pays before the court date then you have to wait until the 30 days is up. Then you can file a lawsuit for eviction due to termination of the tenancy.

Yes, you will have to wait awhile for a court date. But I strongly recommend that you be patient and follow the rules. If you try to have her removed by any other method she will successfully sue you for illegal eviction and you'll be looking at paying her a substantial amount of money.

[annarete]

Thanks for your well thought out answer, lisa.
OK, so we are on right track and have court date jan 11--our lawyers gave 7 day notice to quit (1 term) then filed complaint for termination of tenancy (not nonpayment of rent because we did not want her to pay to get back in on day of court and she was only 2 weeks behind in rent at that time of complaint). On court day she will be more like $900 behind--can we ask judge to amend complaint to include nonpaymenrt of rent as well?

Any advice on increasing our chances of winning the case and helping to prevent stalling tactics by miss thing (ie filing for hardship, filing for extra time for orderly removal etc... )
Thanks again, annarete

[LisaB4657]

Yes, you can request to amend for non-payment and you may be able to include legal fees as well. Ask. The worst that can happen is the judge will say no.

Unfortunately if your tenant tries some stalling tactics you're going to be stuck. NJ judges are notorious for giving tenants a break, especially in winter. If the judge gives her an extra 30 days that won't be a surprise. However when that extension is up she may try for another one. If that happens be prepared to appear in court with witnesses who will testify how miserable she is. Also, if you can get any kind of proof that she is not diligently looking for a new place to live that will help too.

Sorry but there's not much you can do. Welcome to NJ.

Good luck!

[annarete]

I have a witness who will appear on my first court appearance and will testify how horrible she is (her exlandlord)--can I and should I bring him in for the first trip to hopefully avoid returning to court? If the judge gives an extra 30d won't I just have to evict her again? It's not like she will just leave then either. Can I appeal the judge's decision in case of an extension? Can he give her extra time if she does not pay back and forward rent--ie make us keep her without getting anything in return? Will he likely do so if she is repeat offender (just in court 6 months ago)? Sorry to keep bothering you, but this is driving me crazy.
Thanks,
annarete

[LisaB4657]

You can bring your witness but I doubt it'll help much. Maybe.

If the judge gives her 30 days then you shouldn't have to go back to court again. If she's still there after the 30 days then you should be able to request that the constable perform an eviction based on the first judgment.

She is unlikely to get an extension if she doesn't pay up in full. I wouldn't waste time filing an appeal if the judge gives her an extension. It won't accomplish anything.

[excon]

Hello again, annarete:

Rent the movie "Pacific Heights" starring Michael Keaton. After seeing it, you'll feel LUCKY to have the old broad.

excon

[annarete]

Update from annarete: went to court on jan 11, judge gave tenant no extra time and filed judgement for possessiion... 3 days to file for warrant for removal and then she has 3 days to get out before the constable comes. Don't know if she will try to request hardship stay or if she will request for orderly removal (7days). We shall see, but so far so good.