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BMichele · Oct 4, 2008, 09:22 AM

My fathers' nephew has been allowed to live in my fathers home when my father was well enough to care for himself and afford to maintain his own home; the nephew has never had a lease written or verbal nor has he paid anything. Now that I have moved my father into my home to care for him, my brother (who has power of attorney) and I need to clean up, fix up and put my fathers home up for sale. Our cousin refuses to leave unless a judge tells he has to go, my ailing elderly father has asked him to leave however he refuses. I had contacted the local police and they stated it's a civil matter not criminal and therefore could do nothing. I had met with an attorney that wanted a $1000 retainer to check on the law of getting him removed and take our case; we do not want to spend that kind of money on this issue as we would rather put our cash into fixing up the home to put it on the market. I had went to the county courthouse - civil division and they gave us paperwork to complete for a Tenant/Landlord conviction however there has been and is no Tenant/Landlord agreement. I know we need to send him a certified/registered letter requesting that he leave the premesis however we don't know who or how to enforce it - if he's still there upon the time limit we intend to give in the letter. We live in New Jersey and do not know where to start in getting this done.

Fr_Chuck · Oct 4, 2008, 09:26 AM

Of course there is a tenant landlord agreement, he was allowed to live there, so he is the tenant, and the father is the landlord.

Your father ( owner) has to write the letter, and then you file in housing court to evict him.

You are making this way to hard.

starfirefly · Oct 4, 2008, 09:26 AM

I would try getting an eviction notice, this way if he does not vacate the property by the time that its up the police can remove him from the house

LisaB4657 · Oct 4, 2008, 09:28 AM

First you send him a written notice by certified mail that his tenancy is ended and he must vacate the property within 30 days.

If he hasn't vacated within 30 days then on the 31st day you file a lawsuit to evict him.

You don't have to have a written tenancy agreement in order to end his tenancy and have him evicted.

Fr_Chuck · Oct 4, 2008, 09:32 AM

But no the police do not do it, if the court orders the eviction, they will send court officers baliff or deputy to do it.

Stop thinking police.

starfirefly · Oct 4, 2008, 09:36 AM

Ahh OK good to know thanks

BMichele · Oct 4, 2008, 10:21 AM

I thank all for their advice; I have civil court paperwork stating eviction procedures, wording, entering pro se orders, etc etc however paperwork is requiring that we as "landlords" show "cause" for reason of eviction; which none apply to this situation. I'm seeking someone versed in NJ real estate law to offer any other "cause" not noted per NJSA 2A:18-61.2 Procedural Requirements.

LisaB4657 · Oct 4, 2008, 12:45 PM

In NJ the requirement that the landlord show cause for eviction does not apply to owner-occupied dwellings consisting of less than 4 rental units. Your brother, on behalf of your father, should send him the written notice that his tenancy is terminated and he must vacate within 30 days. If he doesn't leave then you file the lawsuit for eviction.