Hello, I am living in NJ. I moved to this place on June 2009. That time my old room mate has the lease, he moved on June so I took up fresh lease at the time of taking lease my new room mate came I asked him whether he want to co sign the lease. He said he is temporarily staying with me so he don't want to sign the lease he gave me one month rent and another month rent as advance. Also we agreed verbally that before leaving the house he will give one month notice or it is fine if I find another room mate. Then we found another room mate on Jully 2nd week to share the rent. The problem comes when my first room mate refuse to clean the house. We have a schedule for every week who has to clean the common place (kitchen and bath room ). My first room mate didn't clean anytime also he never tried to do that. I informed him to clean when ever his schedule. Finally on Aug first week I told him if he is not interested to clean find another place. He talk with some body ( may be his lawer ) and told me that he can't leave and ready to face me in court. Then I informed to my landlard about my this problem. My landlord told that staying 3 persons is not right in this house so he asked my first room mate to leave in 9days. He accepted it and now saying he is going to sue me and landlord. Also he didn't pay his Aug month rent. My question here is what he can sue me? Is he has full right to stay in this house? Thank you in advance

You are saying your problem is with the first roommate or the newer one?
I got confused with all the stuff about not cleaning.
Was he given a written notice to evict?
I think with NJ you can evict without a notice or with a three day notice for non payment of rent but I do believe it is a longer notice for other reasons.
So if he didn't pay Aug rent then he has nothing to sue for if NJ did go to no eviction notice. I know they were talking about going from 3 day to no eviction notice required for non pay but I don't know if they went through with it or not.

Sorry for the confusion. I am talking about My first room mate. He was with me while I was signing the lease.( but he didn't want to co sign with me). I didn't give him written notice to him. After he accepting the 9 days time to leave from landlord. I send him email regarding the expense and rent settlement by mentening his leaving date is Aug 21. ( he gave me Jully month rent and one more month advance , that time we were only two person. After 2 week another person joined so now three persons are sharing the rent so some portion of his money is with me, I send email to him mentioning the remaining his money which I have )Thank you for your comments. At the time of conversation he was threatening me that he make me suffer in my life time and he will see whether he is giong to deport or I am going to deport ( we both are in temporary worker VISA ). I think he has some lawer friend. He did not ask me for more time to leave. I really appriciate your comments.

Thank you.

Print out the email and anything else related to his moving or threats.

You say you gave him until Aug 21 which is more than sufficient time.

I am also not sure, you are saying he did leave already?

He didn't leave yet. He is still living in my apartment. I am expecting he will leave on Aug 21st( coming firday ). I planned to terminate the lease if he don't leave on Aug 21st after talking to my landlord.

Thank you

If he doesn't leave on the 21st you have to go to court and get an eviction order from them. When the court eviction date is up the sheriff will come and toss him out if he still refuses.
So on Monday if he is still there get down to the court and file.

Terminate what lease? As far as I can tell you have a verbal agreement with the first roomie.

Since it's the landlord that is telling him to leave, his problem is with the landlord not necessarily with you.

Frankly I don't see any grounds for a suit. Doesn't mean he won't file one , though.

Thank you for your comments. I mean terminate my lease with landlord. Anyway as I said I don't want to give trouble to him by sueing him. It is waste of money and time for both of us but he should feel in same way. OK by chance if he is going to sue me what he file suit ( I told him to find other place ? Or anything else ).

Thank you for all.

As long as he is not illegally evicted I don't see anything he can win if he sues you or the landlord

Yeah that make sense. Thank you. Now he has to leave Aug 21st as per he agreed with landlord. If he refuse to leave on that time. I don't want to go to court to evict him. What if I terminate the lease with landlord by the end of Auguest or September and offer him the remaining money from his advance or let him to take up the lease from landlord.

Thank you

When does the lease expire?

Lease expires on June 2010. But I think I can come to settlement with landlord by replaceing some other person to take care of that lease. If I terminate the lease, does my room mate has any rights to say don't terminate? Or is there any time frame that I can terminate like one month after or two month after? [ note that while taking up the lease I offered him to co sign with me but he refused to sign it as he is staying temporary].

OK, IF you can get the landlord to let you out of the lease early, then all you have to do is give your notice. If he fails to move when you vacate, he becomes the landlord's problem. Of course this could mean the new tenant you find may sue you along with the landlord.

I would concentrate on getting him out then you decide what you want to do about the lease.