[gregnj1964]

I'm in NJ and have a roommate who is on the current lease with me. We had a verbal agreement where he said he would sign a note stating that he would not be renewing the lease and be moving out. I have been living here for 12 yrs ( 2.5 yrs with the current roommate). After leaving a handwritten note request, stating that he would move out at the end of the current lease, he now refuses to sign. I believe he is trying to take legal action against me regarding our electric bill stating that I never paid it with the money he was giving me with the rent check. I spoke to customer service at the electric company and they told me he has no case because service was never terminated. What can I or the property manager do to get rid of him?

[ScottGem]

The property manager can inform him that they will not be renewing a lease with him. They have to inform him, in writing, that he must vacate by the expiration of the lease or face eviction proceedings.

This may be difficult in NJ which has strong anti-eviction laws. Hopefully the property manager has an attorney on retainer.

[AK lawyer]

... After leaving a handwritten note request, stating that he would move out at the end of the current lease, he now refuses to sign. ...

You do understand that written is written? By hand or by printer makes no difference.

But, in any case, if he fails to move out he will have to be evicted.

[LisaB4657]

The property manager can inform him that they will not be renewing a lease with him. They have to inform him, in writing, that he must vacate by the expiration of the lease or face eviction proceedings.

This may be difficult in NJ which has strong anti-eviction laws. Hopefully the property manager has an attorney on retainer.

In NJ a landlord cannot refuse to offer a renewal to a tenant unless they fall into one of 16 specific situations. So far this doesn't sound like one of them.

[ScottGem]

Just to let you know, Lisa is a RE Atty in NJ. So the property manager may have no choice to renew. I was afraid of that.

[gregnj1964]

If I sign a new lease but my roommate doesn't, how hard is it for the landlord to evict him? I know I'm in Nj with some of the toughest anti-eviction laws in the country. And he didn't give ant security. Can I sue him in small claims or the property management if I move out and have a hard time getting my security deposit back?

[ScottGem]

If he refuses to sign a new lease then he is terminating the lease. I believe the property manager can then evict. One of the reasons for evicting is "Not accepting changes in the lease". So if he refuses to sign the new lease I believe he can be evicted.

[LisaB4657]

If he refuses to sign a new lease then the landlord can evict him for failure to accept reasonable changes in the terms of the lease.

If you move out and he stays then you can sue him for your security deposit.

In fact, you can sue him right now for one half of the security deposit. But you're probably better off waiting until you know how this situation is going to resolve.

[gregnj1964]

Unfortanetly my roommate is a very spiteful person of late. I haven't shown him the renewal lease because he agreed to move out and Won't sign a letter saying that he doesn't want to renew. My problem I want to stay and want him out. I've been here for 12 yrs and he hasn't paid any security deposit. Does that matter if the person who paid all the deposit have the right to ask property manager to evict him?

[ScottGem]

The issue of the security deposit is a side issue. A mistake was made when you agreed to allow him to sign the lease. You should have required then, that he pay his share.

You have to let him know you have the renewal lease. I would tell him that, if he wants to sign the lease, then you will move out and you will expect him to refund you the deposit or you will sue him for it. If he doesn't want to sign the lease then you will expect him to move out by the expiration date or face eviction.

[gregnj1964]

The bottom line is that we don't communicate anymore because he is a very difficult person. And he sees nothing wrong using my microwave and sitting at the kitchen table that I bought. He's a real wackjob who's using an electric bill which us under my name as a reason not to move out. He's really got mental problems in my opinion even bringing a lawyer into saying he (the lawyer) wants to see 6 months of electric bills because my psycho roommate believes he's been paying too much And we are on an equal pay plan for the last 2.5 yrs! I just thinks it's a desperate ploy because he's dejected that I asked him to leave. Would Anyone besides my mistake live with this kind of person? :-0

[ScottGem]

But you DID make the mistake. You made a mistake in allowing him to sign the lease instead just taking him on as a roommate. You made a mistake in not requiring him to pay his share of the security.

Now you are living with the consequences of those mistakes. I still say to do what I suggested only do it in writing.

[gregnj1964]

Ah Scott I had to add him on my lease per the property managers policy. The only mistake I Did make was not getting 1/2 of the security deposit from him when he first moved in. Im sure he knows by now he's got nothing to lose by staying because the security deposit stays in the apt and only given back to me according to the landlord until Both of us have moved out ( which I don't agree with).

[ScottGem]

So do you think he can manage the apt on his own? If you tell him you are moving will he finally wake up?

[gregnj1964]

Scott your missing my point. The only way I cam get my security deposit back is for both if us to leave at the same tine or if I leave my roommate has to reimburse me (which I don't agree with).

[ScottGem]

Why don't you agree with it? And you are missing my point. If you present it to him that he may be stuck with the apt he may sign that he's leaving.

[gregnj1964]

Because Scott like I mentioned before he is a spiteful person who's not logical and likes to play games. He's a 43 yo child.

[ScottGem]

So you have to deal with it the best you can.

I'm not sure what you expect from us? We can only suggest what you need to do.You have to take action.