Ask Me Help Desk - Problems with ROOMMATES

Problems with ROOMMATES

I have a questions and need some answers. I am the primary on the lease. And my lease just got renewed. But I have roommates and want them gone. There has been lots of problems lately and the living condition is no longer tolerable. Yesterday behind my back called my landlord trying to take over the lease and the landlord called me.. And asked if I had these people here. And he said he does not care. But its my problem there is only a verbal agreement between me and my roommates. He does not want to get involved.. but said to handle the problem. So its Saturday and I can't call my lawyer cause his office is closed. I have a injury I fracture my verdabra in my neck and he has been known to get violent.. And has gotten violent towards his girlfriend before in the past.. So needles to say I can't get into only phycial. Would calling the police dept and getting them to help me remove the roommates work or what do I do.. I'm really stressed out and need help.. I'm from nj so any help would be awesome cause I want to do it the legal way so I won't get sued.. its no longer subletting cause the landlord knows about it.. I have already told them that they have 30 days through text and was nice about it.. saying that I don't want this to ruin anything. But the last time we all had a sit down to discuss certain matters.. it got ugly really quick

"I am the primary " are there any other names on the lease other than yours? You likely must evict them according to the laws in your state. Where are you living?

Nj only my name is on the lease

Let me google that for you

You have to give the roommates written notice that their tenancy is terminated and they must move out within 30 days. If they don't move out within that time then you have to file a lawsuit for eviction.

I would not rely on the text message as sufficient notice. Prepare a written notice and hand it to them. Make sure you keep a copy in case this ends up going to court for eviction.

It doesn't matter that your agreement is only verbal. Essentially you are their landlord and they are your tenants. But they are still tenants at will and subject to the rights of tenants. N.J.S.A. 2A:18-53 - Except for residential lessees and tenants

So you have to give them 30 days notice to vacate. If they haven't left within the 30 days, you have to file for an eviction order in your local courts.

The police will not help because this is a civil matter.

If my girl friend goes up stairs and takes are cable box

They are not on the lease and landlord told me to handle it wouldn't they be considered as guest?

No, they're not guests. What your landlord knows and said makes no difference. You are the sublandlord and they are the subtenant. You have to follow NJ's eviction laws to get them out.

Don't even think about doing anything like taking their cable box. NJ is one of the most tenant-friendly states in the country. If you do anything to make their tenancy difficult or uncomfortable before you get a judgment for eviction they will be able to sue you for damages.

I agree with Scott. You have likely heard of police or sheriff's being involved in evictions and they often are but all they are able to do is come out to enforce a court order and maintain the peace while an evicted party moves out. They won't come drag someone out of their home unless there's a court order in place.

There are specific requirements for notice for eviction. Check with your county - there may be a form at the court house or online that you can use to give your roomates notice of the eviction.

Hopefully once you serve the notice, they will just move out right away. An email is probably not adequate notice for court.

Quote:

Originally Posted by merkmatt

they are not on the lease and landlord told me to handle it wouldnt they be considered as guest?

How long have they been there? Unless they have only been there a week or so and they were invited to stay only for a short period, they would not be guests. The way you describe them, it seems clear they are your tenants as noted.

They have been here since may.. and where can I find this link for the form. I'm in north brunswick New Jersey. I already called the police station and they said to get a lawyer.. what should I write in a note form now to satify my girlfriend and myself

Here is a link to download a free form. The site includes instructions. Make sure that you put a valid reason in the Notice or a court may not accept it as proper notice.

http://www.trexglobal.com/forms/new-...tice-to-vacate

What should I put for the amount of days

Can I be sued

And if I tell them they have to be out tonight or tomorrow would that be a issue

They also have no proof of living here everything is in my name lease cable gas and eletric

Quote:

Originally Posted by merkmatt

and if i tell them they have to be out tonight or tomorrow would that be a issue

Have you not read any of the responses to you so far? You have to follow the eviction process or you can possibly be sued.

You have to give them at least 30 days.

I'm sorry I have never been through this before and my girl friend is breathing down my neck.. I am so stressed over this.. now once I submit this note to them and it turn phycial then what? I'm filling out the form now

No proof of living there? All they have to do is take a picture of the room with their belongings in it.

Merkmatt, I am a residential and commercial real estate attorney in NJ for over 25 years. I have handled hundreds of tenancies and appeared in landlord/tenant court in almost every county in this State.

Please believe me when I tell you that you are not getting these roommates out except by following NJ's laws. The police will not help you and in fact, if you try to lock out your roommates or do anything similar the police will force you to let them back in.

If you give them the form and they become physical in any threatening manner then you immediately call the police.

Would I be able to say if the ? Ever got brought up could I only say they were her for a few weeks.. all of my friends and parents are willing to say that on my behalf.. I tried last night to have a conversation with them and 3 people as witness and he walked out the door and left

Sure you can say it. But they can say just as easily that they were there longer. And if the judge chooses to believe them over you then you're in big trouble. Sure you want to take that chance?

I don't want to take any chances.. when they come home I'm am going to have a talk with them.. and say this. And tell me what you think.. and I also called the cable company and had them check the box remotely and that said that it still works and I had the lady notate on the account.. this is what I'm going to say "this living arrangement is no longer working out. We must part ways from each other for the sake of health. this has to end now. sorry that it has to work out this way but its over" feels like break up lol

Why are you even bothering to talk to them? Hand them the notice and walk away.

You are hereby notified to vacate the occupied premises and remove all of your possessions. Details regarding this day Notice To Vacate are included below.

OK in this part what do I put here.. and the next part the big blank spot the reason?

And what should I put in the reason part of it

What is the reason you're evicting them?

Health stress.. and we are ready to be by are selves

Unfortunately those are not considered "just cause for eviction" reasons under NJ law. But the need to provide just cause is not required when the unit is an owner-occupied two or three bedroom unit. Since you are the landlord here this would be considered an owner-occupied unit and you should not have to provide a cause.

I would leave the cause section blank and just give them 30 days notice.

Does it make a difference.. I am a tenant who is the owner of the lease and they are sub tenants.. will that make a difference in this issue?

It shouldn't. In this case you are the landlord and you are occupying the unit.

If that's what you mean by me being the landlord then yes I understand and what do I put in the little box above the reasons section?

And should I collect the rent for this month? If they give it to me

You put "30" in the box. And they are responsible for rent until the end of the notice period so yes, you collect the rent. However if you give them this notice there's a good chance they won't pay.

I'm sure they won't I have already covered the rent and am going to pay it tomorrow. Would you mind if I sent you the form and show you what I have filled out to your email to make sure I got it right? Or you don't do that?

And if they don't pay then I can book them sooner right?

I prefer not to handle anything here by private email.

The form is fairly simple and there are instructions on the site. You insert the names, the address of the property, the time and the date by which they must move. Make sure you make a copy of the form and keep it in case you need it for court in the future.

If they don't pay then you can immediately file a lawsuit for eviction but they can cancel that lawsuit by making payment.

OK I do appreciate. Your help very much I'm going to go and print this now and leave it on the table

And am I able to that myself or do I need a lawyer

Also do I bring this letter to the court after submitting it to them

You don't leave it on the table--you hand it to them personally. If they don't move out by the date in the notice then you go to the county courthouse and ask the clerk for the forms necessary to file a lawsuit for eviction. Fill in the forms and file them with the clerk. You don't give your copy of the notice to anyone else--just bring it with you when you've been assigned a trial date.

Will do I'm going to go print this now

Should I get it notarized

You don't need it notarized. Notarization just makes sure the signer is identified. Since you know you wrote the document its not necessary.

As Lisa noted, because this is, an owner occupied single unit the requirement to have a valid reason to evict doesn't apply. See the law I linked to earlier.

If they do get violent you call the police and you might be able to get them out sooner by getting a restraining order against them. But if you provoke violence it can go against you.

The bottomline here is they are YOUR tenants. Your landlord doesn't enter into it. So you have to handle the removal yourself. And the process is as Lisa described. You give them a written notice (you retain a copy) That they are required to vacate within 30 days. The notice should be dated, it should include all names and the address of the premises.

On the 31st day if they have no vacated, you file in your local housing court for an eviction order. A hearing will be scheduled and you will need to serve them notice of the hearing. At the hearing they can argue why they shouldn't be evicted. But, unless you have provided valid grounds for that (by lying, illegal eviction or not following the law), the eviction order should be granted. If they still don't leave, then you hire a sheriff to physically remove them.

P.S. Please don't keep posting one line notes. If you think of something else to say, hit the Edit button and add it rather than a new note.

OK I'm sorry but ty so much for the info lisa and scott. As soon and my mom gets back to her home I am going to go and print this and submit it. Tonight.. I will follow back up with you guys when more things happen.. and I can't get into a physical altercation because of my current injury. So trust me that will not come from my part if he swings at me I will right away call the police. And have one of my friends there to bare witness.. if I need anymore advice I will post back here.. ty so much

Quote:

have one of my friends there to bare witness..

That is a very good idea. The friend can bear witness that they were served and, (hopefully it won't be necessary) that you were attacked.

Good luck and keep us posted. Usually, once they know you know the law and are using it they will back down and vacate.

In that form for tenant name of rental property that would be my name right?