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NJKristen · Feb 25, 2008, 01:05 PM

My roommate/best friend and I have lived in the same three bedroom apartment in New Jersey for 4 years. This past year we took in a 3rd roommate that we had met through friends. Upon her moving in the 3rd roommate signed the current lease agreement, which is now due to end in a few days. About two months ago the 3rd roommate sent us an email stating she would not be renewing. We've had an absolutely horrible experience with her and did not want her to renew, so this worked out perfectly for us. We notified the landlord that she would not be renewing, but that the two of us would be renewing for another year, which he agreed to. We made a written agreement with the 3rd roommate stating she would be moved out by no later than midnight the last day of the lease. At the time of the written agreement she agreed to all of the terms, stating she would be out of the apartment at the end of the lease.

The lease is about to end in a few days and she is now refusing to leave. My current roommate and I have already signed the new lease agreement for the next year. What can we do to force the this person, who has not renewed the lease, out of the apartment? The landlord and realtor have said we don't have any options other than to ask for this person to pay rent?

ScottGem · Feb 25, 2008, 01:17 PM

The landlord is wrong, but he doesn't want to have go through an eviction. But that's what he will have to do. Because she signed the lease directly with the landlord, the landlord has to evict her. What I would do is go to the landlord and ask him to give you a letter allowing you to represent him in the matter of getting her out of the apartment. You then find out the process for eviction in your area (hopefully LisaB will be along shortly with specifics), then start the process.

Generally you will have to give her an notice giving her 3-7 days to vacate. If she doesn't, then you (as agent for the landlord will have to flile for an eviction order with the local court. There will be a hearing where you present the expired lease, the renewal without her signature and the document agreeing to move. You will be granted an eviction order which you take to a sheriff who will server the order and remove her.

Since the landlord seems reluctant to go through this process, hopefully he will allow you to represent him. If he doesn't, I'm not sure what recourse you will have.

LisaB4657 · Feb 25, 2008, 03:03 PM

As ScottGem said, speak to your landlord about you evicting the roommate on his behalf.

Then tell her that if she doesn't move out by the date she promised, then according to NJ Statute 2A:42-5 she will owe double the amount of rent until she does move out. And that according to 2A:42-6 she can be sued for it.

Here is a copy of it:

2A:42-5. Holding over by tenant after giving notice of quitting; double rent recoverable
If a tenant of real estate shall give notice of his intention to quit the premises by him held at a time specified in such notice, and shall not deliver up the possession of such real estate at the time specified in the notice, such tenant, his executors or administrators, shall, from such time, pay to his landlord or lessor, his heirs or assigns, double the rent which he should otherwise have paid, to be levied, sued for and recovered at the same times and in the same manner as the single rent before the giving of such notice could be levied, sued for and recovered. Such double rent shall continue to be paid during all the time such tenant shall continue in possession after the giving of such notice.

2A:42-6. Willful holding over by tenant after expiration of term; notice to deliver possession; penalty
When a tenant for any term or any other person coming into possession of any real estate by, from or under, or by collusion with such tenant, willfully holds over any such real estate after the determination of such term and after demand made and notice in writing for delivering the possession thereof, given by his landlord or lessor, or by the person to whom the remainder or reversion of such real estate shall belong, the person so holding over shall, for and during the time he so holds over or keeps the person entitled out of possession of such real estate pay to the person so kept out of possession, his executors, administrators or assigns, at the rate of double the yearly value of the real estate so detained, for so long a time as the same is detained. Such amount shall be recoverable by an action in any court of competent jurisdiction.

NJKristen · Feb 25, 2008, 03:27 PM

[QUOTE=LisaB4657]As ScottGem said, speak to your landlord about you evicting the roommate on his behalf.

Thank you very much for your assistance! I do have one other question. Our landlord is a first time landlord... this is his only property. And given that, he doesn't really want to be bothered with this too much. What type of steps do I need to take to do an official eviction on his behalf? Is there an eviction letter that I must present the tenant with? We also have numerous emails from her, from 30+ days ago, stating she was moving out on the last day of the lease agreement... and we sent her an email (she refused a face to face meeting) stating we wanted her to be out by the end of the lease.

LisaB4657 · Feb 25, 2008, 03:32 PM

After the last day of the lease term you have to hand her a letter demanding that she vacate the property within 30 days. If she hasn't left within that time then you have to file a complaint in the county court for eviction.

Fr_Chuck · Feb 25, 2008, 04:19 PM

Ask him to allow each person on lease to only be responsible for their 1/3 of the rent, that way you pay yours, other pays his, and when the landlord is not getting his other 1/3 money, he will have no choice but evict

ScottGem · Feb 25, 2008, 05:33 PM

Originally Posted by NJKristen

(the landlord) doesn't really want to be bothered with this too much. What type of steps do I need to take to do an official eviction on his behalf?

This is why I said to get something in writing authorizing you to act on his behalf IN THIS MATTER. You have to be specific about that. If the landlord has to act, he's obviously not going to do it. But if you tell him, you will handle all the legwork, paperwork and expense, he might go for it.

See Lisa's post for the process, once you get his approval.