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merkmatt · Jan 12, 2013, 09:16 AM

I have a questions and need some answers. I am the primary on the lease. And my lease just got renewed. But I have roommates and want them gone. There has been lots of problems lately and the living condition is no longer tolerable. Yesterday behind my back called my landlord trying to take over the lease and the landlord called me.. And asked if I had these people here. And he said he does not care. But its my problem there is only a verbal agreement between me and my roommates. He does not want to get involved.. but said to handle the problem. So its Saturday and I can't call my lawyer cause his office is closed. I have a injury I fracture my verdabra in my neck and he has been known to get violent.. And has gotten violent towards his girlfriend before in the past.. So needles to say I can't get into only phycial. Would calling the police dept and getting them to help me remove the roommates work or what do I do.. I'm really stressed out and need help.. I'm from nj so any help would be awesome cause I want to do it the legal way so I won't get sued.. its no longer subletting cause the landlord knows about it.. I have already told them that they have 30 days through text and was nice about it.. saying that I don't want this to ruin anything. But the last time we all had a sit down to discuss certain matters.. it got ugly really quick

ballengerb1 · Jan 12, 2013, 09:51 AM

"I am the primary " are there any other names on the lease other than yours? You likely must evict them according to the laws in your state. Where are you living?

merkmatt · Jan 12, 2013, 09:55 AM

Nj only my name is on the lease

ballengerb1 · Jan 12, 2013, 10:00 AM

Let me google that for you

LisaB4657 · Jan 12, 2013, 10:10 AM

You have to give the roommates written notice that their tenancy is terminated and they must move out within 30 days. If they don't move out within that time then you have to file a lawsuit for eviction.

I would not rely on the text message as sufficient notice. Prepare a written notice and hand it to them. Make sure you keep a copy in case this ends up going to court for eviction.

ScottGem · Jan 12, 2013, 10:13 AM

It doesn't matter that your agreement is only verbal. Essentially you are their landlord and they are your tenants. But they are still tenants at will and subject to the rights of tenants. N.J.S.A. 2A:18-53 - Except for residential lessees and tenants

So you have to give them 30 days notice to vacate. If they haven't left within the 30 days, you have to file for an eviction order in your local courts.

The police will not help because this is a civil matter.

merkmatt · Jan 12, 2013, 10:15 AM

If my girl friend goes up stairs and takes are cable box

merkmatt · Jan 12, 2013, 10:16 AM

They are not on the lease and landlord told me to handle it wouldn't they be considered as guest?

LisaB4657 · Jan 12, 2013, 10:22 AM

No, they're not guests. What your landlord knows and said makes no difference. You are the sublandlord and they are the subtenant. You have to follow NJ's eviction laws to get them out.

Don't even think about doing anything like taking their cable box. NJ is one of the most tenant-friendly states in the country. If you do anything to make their tenancy difficult or uncomfortable before you get a judgment for eviction they will be able to sue you for damages.

dontknownuthin · Jan 12, 2013, 10:27 AM

I agree with Scott. You have likely heard of police or sheriff's being involved in evictions and they often are but all they are able to do is come out to enforce a court order and maintain the peace while an evicted party moves out. They won't come drag someone out of their home unless there's a court order in place.

There are specific requirements for notice for eviction. Check with your county - there may be a form at the court house or online that you can use to give your roomates notice of the eviction.

Hopefully once you serve the notice, they will just move out right away. An email is probably not adequate notice for court.

ScottGem · Jan 12, 2013, 10:29 AM

Originally Posted by merkmatt

they are not on the lease and landlord told me to handle it wouldnt they be considered as guest?

How long have they been there? Unless they have only been there a week or so and they were invited to stay only for a short period, they would not be guests. The way you describe them, it seems clear they are your tenants as noted.

merkmatt · Jan 12, 2013, 10:49 AM

They have been here since may.. and where can I find this link for the form. I'm in north brunswick New Jersey. I already called the police station and they said to get a lawyer.. what should I write in a note form now to satify my girlfriend and myself

LisaB4657 · Jan 12, 2013, 11:05 AM

Here is a link to download a free form. The site includes instructions. Make sure that you put a valid reason in the Notice or a court may not accept it as proper notice.

http://www.trexglobal.com/forms/new-...tice-to-vacate

merkmatt · Jan 12, 2013, 11:14 AM

What should I put for the amount of days

Can I be sued

And if I tell them they have to be out tonight or tomorrow would that be a issue

They also have no proof of living here everything is in my name lease cable gas and eletric

odinn7 · Jan 12, 2013, 11:16 AM

Originally Posted by merkmatt

and if i tell them they have to be out tonight or tomorrow would that be a issue

Have you not read any of the responses to you so far? You have to follow the eviction process or you can possibly be sued.

LisaB4657 · Jan 12, 2013, 11:17 AM

You have to give them at least 30 days.

merkmatt · Jan 12, 2013, 11:20 AM

I'm sorry I have never been through this before and my girl friend is breathing down my neck.. I am so stressed over this.. now once I submit this note to them and it turn phycial then what? I'm filling out the form now

LisaB4657 · Jan 12, 2013, 11:21 AM

No proof of living there? All they have to do is take a picture of the room with their belongings in it.

Merkmatt, I am a residential and commercial real estate attorney in NJ for over 25 years. I have handled hundreds of tenancies and appeared in landlord/tenant court in almost every county in this State.

Please believe me when I tell you that you are not getting these roommates out except by following NJ's laws. The police will not help you and in fact, if you try to lock out your roommates or do anything similar the police will force you to let them back in.

LisaB4657 · Jan 12, 2013, 11:22 AM

If you give them the form and they become physical in any threatening manner then you immediately call the police.

merkmatt · Jan 12, 2013, 11:30 AM

Would I be able to say if the ? Ever got brought up could I only say they were her for a few weeks.. all of my friends and parents are willing to say that on my behalf.. I tried last night to have a conversation with them and 3 people as witness and he walked out the door and left