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colleentress · Jan 8, 2007, 05:57 PM

My mom owns apartments in New Jersey. There is a "tenant" there who has been there since June 2006 and has not paid a dime of rent or utilities. The original agreement was that he would be the handiman and he would get to live in one of the apartments for $400 per month. He also was responsible for paying his utilities. He was supposed to sign a lease but somehow never did and he currently owes my mom thousands of dollars. Unfortunately, I am just finding out about this. My mom has put me in charge to manage these apartments. At this point the "tenant" is temporarily in jail. His girlfriend supposedly is living in the cottage. Now we are hearing from other tenants that there is a lot of shady things going on (drugs, many people coming and going into the night) I live in Florida. I called the police but they said they really can't do anything because it sounded to them like a civil law thing. I want to fly up there and kick the girlfriend out and put a pad lock on the door until I get someone else in there but now I'm hearing that that may be illegal. People have told me that this supposed "tenant" now has squatter rights. Can you tell me a little about this and what the law is in NJ about it. He hasn't signed a lease, he hasn't paid a dime of rent or utilities. How is it that he has any rights at all? To me it seems as if he is trespassing. We don't know how to get him out.
HELP!

LisaB4657 · Jan 8, 2007, 06:02 PM

There is no such thing as squatters' rights. You need to either hand deliver a letter or send it by certified mail, return receipt requested, terminating this person's job as handyman and also terminating his tenancy, effective 30 days from the date of delivery of the notice. If they have not vacated within those 30 days then you can file a lawsuit for eviction.

On the other hand, if you have proof of illegal activities by this person you can file for an emergency eviction within 3 days, I believe. But you will have to show proof such as a police report.

Unfortunately you cannot kick out the girlfriend or change the locks because her boyfriend is a legal tenant due to his employment. You have to go through the legal steps.

Good luck!

Fr_Chuck · Jan 8, 2007, 06:32 PM

You will need to give them a 30 day notice to move, at that point if they are not moved you file for an eviction with the local court. If he is not out by then, they send over a officer from the court to watch you move all of his belongings to the curb and then change the locks.

Also you will have to give him notice that he is fired from his job as handyman.

WILLERBY · Mar 10, 2010, 02:08 PM

You can't evict a person if you have no lease agreement with them.

AK lawyer · Mar 10, 2010, 11:55 PM

Originally Posted by WILLERBY

YOU can't EVICT A PERSON IF YOU HAVE NO LEASE AGREEMENT WITH THEM.

Incorrect. It's done all the time. All you need to prove is that he is occupying the premises and that he has no right to be there, lease or otherwise.

brittmiss1 · Aug 24, 2010, 05:37 PM

I have people that moved into my duplex without my approval, they have changed the locks and showed the police a torn off piece of paper they said I signed as a lease. Now they are also occupying the second floor of my duplex too. The cops won't do anything, what are my rights to get these squatters out of here?