[SadandDepress]

Hey Everyone :)

I am in a lot of stress because of my living situation. I let a woman who was homeless & unemployed and sleeping in her car(because she was evicted from her last place due to needed construction work in the house) into my condo (Oct 27th). She is sharing a 2BR and 2 Bathroom condo with me. She has her own room and bathroom. There are common areas like kitchen, dinning/living room and laundry room. I felt bad for her (kicking myself in the a$$ for that) and told her she can stay for free for a month before my roommate moves in at end of Nov 2011. She was nice and friendly. She insisted on paying me rent because in her own words "I deserve to be paid as a landlord." She applied for emergency assistance and it was denied because they don't recognize 1 month tenancy. She came back to me and said lets do a 3 or 6 months lease so I can pay you and in the mean time my other potential roommate had backed out because her hours got cut at work and she decided to move back home with family. Long story short we ended up signing a 6 months lease with 1.5 months deposit. Now, she told me initially to give her the deposit I will be receiving from the welfare office and also, difference between what I asked her for rent and what she got for emergency assistance. Her rent includes all utilities, water-sewer, internet-cable and use of laundry-room (all she has to do is feed herself). Also, when she moved in she had no money for food and I was cooking & sharing food too. Than she started telling me her personal stories and I was horrified to find out she has multiple restraining orders against her by her own family and has been involuntary admitted to the psych wards. Well month of November came and went and I didn't receive any rent. At the same time she is telling me oh when you get the check can you write me a checking calling it donation so I can pay for my car since I am behind in payment and also, my cell phone bills. I told her no I can't write a check to a person as donation and I will not be giving her any difference in rent since I am paying taxes on this money as a 1099 when I file taxes. Than she tells me you can write the check to my "company." Some LLC she has for God knows what. We left the conversation at that because it was pointless for me to argue anything since I haven't even gotten any check for rent. End of November I get an email saying that a check has been mailed out for two months rent Nov and Dec plus 1.5 months deposit (she kept harassing the welfare person for the check too and that person refuse to give the check in her hand since it is not for her). All **** hit the roof when she found out that a check was coming (kept asking me everyday did you get it today?) I didn't receive anything and due to the busy Thanksgiving holiday I didn't expect it to arrive the next day. For thanksgiving holiday I decided to go spend it with my family in NYC and told her that I am going (her response are you coming back tomorrow that's after I came home on a tow truck because I had a car accident in which I nearly got killed and all she cared was for the money. I told her I don't know.)I did talk to a tax professional who also does IRS audit and he told me that it was illegal for me to give her any part of that money since it is coming from the welfare office. When I came back from vacation she looked upset and quite. I broke the news to her that I got the check in mail and that I have been told that it is illegal for me to give her that money. I also told her that I have to return the money to the welfare office once she leaves and its not my own to keep either. LETS JUST SAY IT WAS NOT PRETTY AFTER THAT. Yelling screaming cursing. Telling me that I had a verbal agreement to give her that money and should have told her a month ago (I didn't even know it was welfare money until 2 weeks later. I was under the assumption she was going to get unemployment.)During this conversation (which I recorded) she told me verbally that she would like to move out and find another place (and that I should find another roommate). I said that's fine with me. Now, its January 2012 and she has not moved out. She had found another place in the county she use to live in and sent me an email 2 days before Christmas asking me to write her a $2000 check to give her new landlord for rent and deposit. I wrote back saying I can't sorry not my money. She wrote back a nasty email and making false accusations about harassment, invading privacy etc etc. I took that email and made a harassment complaint against her at the police department (the police officer try to mediate the situation by calling her and she yelled screamed & kept cutting him off than she hung up on him. She told him she will also make a complaint against him and me). At the police station I was told I did not qualify for an emergent restraining order. I was told I could probably get one from the court house. I went today and was denied the request because I am not physically abused by her and she hasn't made any threats of physical harm but what about verbal abuse and emotional stress? I have 1.5 months deposit left from the welfare department which can be used toward 1.5 months rent but I have already found a roommate who will be moving in at end of January. I have told her that verbally on two occasions.

I am at end of my patience and don't know what else to do. PLEASE SOMEONE HELP ME! :''''(

I am a prisoner in my own home. I stay in my room (I have an attach bathroom) I don't cook or eat in my own kitchen and I don't even sit and watch TV in my own living-room. I wash my clothes when I go back to see my family in NYC. I also have my kitten in my room with me because she is terrified of cats and accuses my cat of nailing her feet and stomach. I am asthmatic and have allergies to cats before the kitten use to be in the common areas not in my room (I got her as a companion).

How can I evict her? And since she has told me verbally more than a month ago that she will move and I should find a roommate can I use that to say that our 6 months lease is void? The lady at the welfare office also told me that if I give her any part of the money I would be committing fraud.

Sorry I know I gave too much details...

[Fr_Chuck]

Give her written notice, and evict her

[ballengerb1]

Your 6 month lease was broken when she did not pay full rent. Follow Chucks advice and evict her following the laws of your state. Where is this home located?

[SadandDepress]

Thanks Fr_Chuck for response and ballengerb1 its located in Central NJ.

[SadandDepress]

Do I have to give her a 30 day notice? She has told me verbally that she has found a place and will move out (also sent me an email on Dec 23rd stating she has a lease at a new place and needs $2000 to keep it). Can I even use Dec 23rd as the start of the 30 day notice and send her a notice saying you have end of January 23rd to move out? I don't want the other roommate to come and live in this mess but she has no were else to go and she is coming from Canada for school.

[ballengerb1]

You follow the NJ laws regarding eviction starting with a 3 day notice to quit. Guidelines for New Jersey Residential Eviction

[LisaB4657]

Ballenger1, NJ no longer requires that a tenant be given a notice of non-payment of rent. If a tenant has not paid rent when due then the landlord can immediately file a lawsuit for eviction.

To the OP:

First, I suggest that you go to the county court house tomorrow and file a lawsuit for eviction. Hopefully your tenant will move out before you have to appear in court.

Second, here is a link to the Truth-in-Renting handbook for NJ. If you are going to continue as a landlord then I suggest that you familiarize yourself with this booklet. http://www.nj.gov/dca/divisions/code..._lti/t_i_r.pdf

[SadandDepress]

Thanks everyone for your replies :)

LisaB4657 I have received rent for her from Welfare Office but she is demanding that I hand over the deposit and some extra for her to pay her bills or to move to a new place. I have been told by the welfare office that I can't under any circumstances give her any part of that money since it is not hers. Also, it would be considered illegal and fraud if I did. I am liable for paying that money back to the welfare office once she leaves my place. I have only 1.5 months deposit left that I have been told could be used toward paying for her 1.5 months rent. She is making my life a living hell because I didn't hand of the money as she expected.

[LisaB4657]

In that case you should hand her a written notice tomorrow that her tenancy is terminated and she must vacate no later than February 6, 2012. If she hasn't moved out by that date then you should file a lawsuit for eviction in the county court house.