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snootysas · Dec 30, 2011, 03:43 PM

I live in NJ.. My wife and I separated in 2009, to cover bills, she allowed a friend to move into a room in our private home and gave her a basic lease [which refers to an 'apartment'] which is NOT dated. My wife does not own the home, I am the primary owner on the mortgage. Anyway, this woman she allowed to move in is a horder, she has stored an unregistered and uninsured vehicle on my property, has erected a storgae shed and, packed my house with her belongings. I have no lease or agreement with this woman, nor have I received any rent, security deposit or anything else, I was not party to this undated lease. How can I get her out of my home ? Is an undated lease even legal and binding ? My wife lives in the same small two bedroom, 1 bath house with her. Also, she has not paid rent for December and has not been staying in the home since 12-21 but, she has been in and out of the home collecting and moving some of her stuff as well as small thing's of my wife's. It's all small stuff but... Can I limit her access to my house since she didn't pay rent for December in order to observe what she takes ? In other words, limt her acess to times when someone is home to observe.

Thanks...

ScottGem · Dec 30, 2011, 04:00 PM

No. Despite the undated document, your wife is the occupant of the property, apparently with your permission, therefore this woman is your wife's tenant. Also NJ is one of the hardest states to get an eviction.

Your wife has to deal with this or you have to remove both of them.

joypulv · Dec 30, 2011, 04:30 PM

You own the house and suddenly there are all sorts of repairs to do. So go there are start doing them, after telling her in writing what your start date will be. Cheerfully make life just miserable enough to keep her from suspecting what's going on.

Sometimes you fight fire with fire.

snootysas · Dec 30, 2011, 04:38 PM

I have decided to move back into the home, now what?? Just want this B**** out with all her crap. Besides, how can a contract, or lease, be legal when it is not even dated?? And I am not a party to it??

ScottGem · Dec 30, 2011, 04:45 PM

It's not the contract that is valid, it is the fact of residency. Your wife had control over the property and chose to take a roommate. She was legally entitled to do so. The roommate has now established residence which means they have to be treated as a tenant.

You posted here presumably because you don't know the law, so why are you arguing when someone explains the law to you? And, if you were the one giving out the Not helpful ratings, may I explain to you that the people responding to questions here are all volunteers donating their time and knowledge to help others. Telling them their advice was not helpful when its correct and accurate advice is not a nice thing to do.

joypulv · Dec 31, 2011, 06:42 AM

Wow, I sure don't feel like being helpful anymore.
But I will.
Tenant laws vary by state, but there are some general facts:
Anyone who has lived in a house with permission for 30 days usually can call himself a tenant. In some states that could be called a lodger, who has fewer rights when it comes to eviction.
Anyone who pays rent is a tenant, even after he stops paying.
Lease or not doesn't determine who is a tenant, merely what kind of tenant.
Whether the tenant is a relative is irrelevant.
Who allowed the tenant to live there if not the owner is a matter that gets harder to define, and could require action against the person who allowed it, or the person you want out. If you ever accept rent directly from someone, you have to evict them.
Damage, violence, threats are criminal matters requiring police and restraining orders. In extreme hoarding cases you can ask the health and fire departments to come inspect.
And so on.

Please stop with the negatives.

JudyKayTee · Dec 31, 2011, 08:16 AM

Originally Posted by snootysas

I have decided to move back into the home, now what ??? Just want this B**** out with all her crap. Besides, how can a contract, or lease, be legal when it is not even dated ??? and I am not a party to it ???

Another case of "why did you post a question if you already know the answer?"

The advice which was given to you was legally sound. I don't feel like arguing today so I'll suggest that you hire an Attorney and pay for the same advice you just got for free.

AK lawyer · Dec 31, 2011, 11:23 AM

Originally Posted by snootysas

I live in NJ .. Is an undated lease even legal and binding ? ...

One certainly can be, depending on the circumstances. In this case, there seems to be no dispute as to the precise date when it was signed, or as to the legal significance of such date. Therefore, yes.

As far as the fact that you were not a party to the lease, in this case it really doesn't matter either. The tenant is not trying to enforce it against you, but instead has simply established residence pursuant to the lease contract she entered into with your wife.