Legal Question in Landlord & Tenant Law in New Jersey

Family Member Eviction

My Mother suddenly passed away 8 weeks ago (3/31/09); she was 75. My Sister (50 years old, good health, good job), and her untrained smelly dog, have been living in my Mother's house for about 18 mos. FREE of charge. My Mother did not want her there, but my sister slowly moved her clothing in and stayed. My Mother was afraid to ask her to leave. I am now the Executrix of my Mother's estate, which is in NJ, and I live in NC. My sister has known for 8 weeks that she must leave the house, but refuses to do so. She has been asked nicely to leave so I can get the house cleaned of the dog damage to the furniture, walls, and carpeting, and the dog smell, (per real estate agent's recommendation), etc. My sister refuses to leave. I believe she has blown through her savings and has no money and that's why she moved in on my Mother. She has cluttered the upstails of the house with all of her clothes; the house may not sell that easily if it's a mess to prospective buyers. I've tried the diplomatic approach, but now I need to step things up. How do I legally get her out of the house. What options do I have? This is making my life miserable. Please help me. Thank you.


Asked on 6/08/09, 2:30 pm

3 Answers from Attorneys
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: Family Member Eviction

You will need to file a suit for ejectment in the Superior Court. You must find an attorney experienced in this area to assist you.

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Answered on 6/08/09, 2:47 pm
Gary Moore Gary Moore Attorney At Law

Re: Family Member Eviction

If she paid rent you would have to file a complaint for possession of the premises in the landlord-tenant court. Since she is not a tenant, she is a trespasser and the police should be asked to order her to leave. You may need the services of an attorney to get this accomplished.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/08/09, 2:59 pm
John Corbett Corbett Law Firm LLC

Re: Family Member Eviction

You will need the help of the Landlord/Tenant court in order to get her out and keep things that way. Technically, if she paid no rent, and had no other right of possession, she is not a tenant and might be treated as a trespasser. However, most police departments are reluctant to make that decision because the New Jersey law says that orders for possession can only be enforced by court officers. So, you will probably have to file a suit for eviction.

Fortunately evictions, or summary dispossess actions as they are sometimes called, are relatively straightforward actions. The process of suit is an expedited one and a court officer will remove her and place you or your representative in possession a lot sooner than would happen in the usual civil suit.

Since you are representing the estate, you will have to have a lawyer help you. So, your first step should be to engage an NJ lawyer to begin the eviction process.

My firm handles matters of this type, however the efficiencies in this matter may be influcenced by your lawyer's location with respect to the property in question. (You did not give enough information for me to tell if our Burlington County NJ office can help.) If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 6/08/09, 4:34 pm


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