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jaysmimi · Apr 9, 2010, 05:12 AM

My son is living in a house with 2 room mates. The lease is only in one of their names (not my son.) They each pay the landlord directly for their portion of the rent. My son was late this month, rent due on the 1st he paid on the 6th. The landlord accepted the money, and told my son he has to leave by the end of the month because he was late!! Can he do this? Although my son technically does not have a written lease with him, he's been accepting money from my son since October. I thought that the landlord would have go through the eviction procedure and not by word of mouth?

excon · Apr 9, 2010, 05:26 AM

Originally Posted by jaysmimi

I thought that the landlord would have go through the eviction procedure and not by word of mouth?

Hello jay:

There's a lot wrong with your sons situation. Much of my advice, however, has to do with what he wants to DO about it. Does he want to stay? It sounds like it, but I wouldn't want to live in a complex where I wasn't wanted... Plus, if the landlord wants him out, he can get him OUT.

But, you're correct, and NOT correct in HOW the landlord needs to evict him. In the first place, since he's not on the lease, THE landlord is NOT your sons landlord. Your son's landlord is the roommate he made his deal with, if he did at all. If he made the deal with the landlord, the landlord failed to memorialize it in writing. So, if the landlord is going to evict anybody, he needs to evict his tenant('s), and your son isn't one. The roommates are the tenants. IF he evicts them, he needs to go through a procedure which includes WRITTEN notice...

So, there's not going to be an eviction any time soon. I'd have your son write the landlord a certified letter outlining the law as I've explained it. He should send his letter certified, and be prepared to move.

excon

LisaB4657 · Apr 9, 2010, 06:01 AM

Just to add to excon's excellent advice, in NJ a landlord cannot terminate a tenancy for late payment unless the tenant is "habitually" late. That usually works out to require that the tenant be late with rent at least 3 months in a row.

Go to http://www.nj.gov/dca/codes/lt/pdf/t_i_r.pdf to read a very good explanation of landlord/tenant law in NJ.

raystown · Jun 30, 2011, 02:56 PM

I have a question about this subject. I allowed my sister, her husband, and 3 kids to move into my residence due them being evicted elsewhere. They have been here since October. We had a verbal agreement as to what they would pay. Since the date they moved it, they have not kept up the agreement. I verbally gave them30 days notice in April. She promptly asked her husband to leave. He moved into his own 2 bedroom apartment where they spend every weekend. They have not paid me a cent since May 1st. The have just left to go camping for the weekend, DO I HAVE THE RIGHT TO CHANGE THE LOCKS? SINCE THEY HAVE VACATED THE RESIDENCE?

AK lawyer · Jun 30, 2011, 03:07 PM

Originally Posted by raystown

I have a question about this subject. ...

Whether or not your question appears to you to be about a related subject, it matters not. Whether or not your issue is similar to someone elses please start a new thread.

Originally Posted by raystown

.... The have just left to go camping for the weekend, DO I HAVE THE RIGHT TO CHANGE THE LOCKS? SINCE THEY HAVE VACATED THE RESIDENCE?

Maybe. Maybe not. It would depend upon the definition of "tenancy", "rental agreement", etc. in the landlord/tenant statute for your jurisdiction. In most places there are serious penalties for unlawfully ousting a tenant by changing the locks. Since there was an agreement that they would pay you rent, I'm reasonably certain that they would be considered tenants. But to be sure, we would have to know what state (or country if you are not in the U.S.) you are in.

And no, they have not "vacated the residence". Camping for the weekend is a temporary absence, not abandonment.

LisaB4657 · Jun 30, 2011, 07:57 PM

It would be illegal for you to change the locks. Don't even think about it. If you're intent on getting all of them out, give your sister a WRITTEN notice that her tenancy is terminated and she must move out within 30 days. If she hasn't moved out within that time then you can file a lawsuit for eviction.

cfrazier1 · Mar 26, 2013, 06:10 PM

I was residing in a home. My daughter has moved in. I have not heard from the landlord for the past two years. I have sent letters and rent by certified mail it all has come back. Its like he abandoned the property. My question is what kind of rights will she have if the landlord shall come back?

LisaB4657 · Mar 27, 2013, 04:38 AM

Are you still living there as well?