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vfacci · Oct 26, 2011, 12:34 PM

My so called friend moved in with his girlfriend. I offered him a free place to stay for 2 months to get on his feet. He insisted he would rather pay and be able to stay. We verbally agreed to 700 a month for everything( a steal in NJ) He has paid 400 but is 1000 behind. Since I offered him a free place and he chose to pay I'm having principal issues with these late or non payments. At this point I don't want to him here cause he's not doing what he said he would. Hes been here 5 weeks. I never gave him a key cause he never paid in full. I can get him to sign something promising to move out in 30 days will this help or do anything? To make matter worse I may think he's doing cocaine or maybe something else too. He barely leaves the house like a true squatter. I realize this is the worst friend I probably have. What to do? Does he have any right to stay here? Are there squatters rights in nj? How can I get him out with out violence or fighting or force ? Could a judge order him to sign a lease or get out?

LisaB4657 · Oct 26, 2011, 01:42 PM

Since your "friend" has made a payment he is considered a tenant and you have to treat him like a tenant.

In NJ you are no longer required to give your tenant written notice to vacate the property if they have failed to pay rent. So you can go to the court house tomorrow and file a lawsuit for eviction. The court will schedule a trial and you'll have to convince the judge that your friend agree to pay you rent and has failed to pay the amount in full. Since your friend already made a partial payment this may not be too difficult. Once you receive a judgment for possession you have to make arrangements with the sheriff's office to perform the eviction. Keep in mind, however, that if your "friend" pays the full amount due then the eviction will be canceled.

If you can get your "friend" to sign something agreeing to move out within 30 days then it will be a little bit easier for you. You'll still have to file a lawsuit for eviction if they don't move out but you will have very little to prove and it will be far easier than trying to prove a verbal agreement.

Fr_Chuck · Oct 26, 2011, 01:46 PM

Firs the term squatter is so mis used, and is not hardly even done in reality. He is a renter, even if he had not paid, he would be a resident since you knew he was moving in, knew it was going to be for @ 2 months. But you did set rent and you did accept payment.

You can evict for non payment of rent, or give him a 30 day notice to move.It may be good to give him a copy and have it sign one for you, but if at the end of that time, he does not move, you have to file eviction proceedings though the court.

AK lawyer · Oct 27, 2011, 09:20 AM

Originally Posted by LisaB4657

... you'll have to convince the judge that your friend agree to pay you rent and has failed to pay the amount in full. Since your friend already made a partial payment this may not be too difficult. ...

Are you suggesting that, in New Jersey, one cannot evict a houseguest who has overstayed her or his welcome? Because if one can, whether he agreed to pay rent would be immaterial. You don't want him there, you give him whatever notice is required (I didn't know that New Jersey no longer requires a notice to quit - seems like a good change.), and then sue for eviction.

Originally Posted by Fr_Chuck

Firs the term squatter is so mis used, and is not hardly even done in reality. ...

A squatter would be someone who moves in without any legal right to do so, and without anyone's permission. The term is sometimes mis-used with respect to adverse possession, something totally different. In this case, the friend is not a squatter because he initially had OP's permission to be there.

Fr_Chuck · Oct 27, 2011, 10:32 AM

Yes, I don't think once in all these years anyone had a real "squatter" If you own a property and someone just breaks in and starts living there, they would be, but everyone welcomes and invites them to stay and all of a sudden wants to call them a squatter when they won't leave

LisaB4657 · Oct 27, 2011, 01:48 PM

Originally Posted by AK lawyer

Are you suggesting that, in New Jersey, one cannot evict a houseguest who has overstayed her or his welcome? Because if one can, whether or not he aggreed to pay rent would be immaterial. You don't want him there, you give him whatever notice is required (I didn't know that New Jersey no longer requires a notice to quit - seems like a good change.), and then sue for eviction.

No, I'm not suggesting that. But the method I suggested, where the OP sues for eviction for non-payment of rent, is the only method that does not require giving a written notice of termination before filing a lawsuit.

Terminating a tenancy in NJ is very difficult. The law permits a termination only if the situation falls within one of 16 specific conditions. It's faster and easier to evict for non-payment, particularly if the OP is reasonably sure the tenant won't be able to come up with the full amount due.