Legal Question in Landlord & Tenant Law in New Jersey

I am a landlord in NJ.

I rent based on a month to month oral agreement.

I rent an apartment for 1400, and two guys are living there.

One guy moved out without notice.

Now the other guy only wants to pay 'his share' which is 700.

Can I evict the remaining roommate for non-payment of 1400 rent even though I have I only have a record of him paying 700?


Asked on 3/29/11, 3:52 pm

3 Answers from Attorneys
John Corbett Corbett Law Firm LLC

Yes. If the rent for the apartment is $1400, you can evict the tenants if it is not fully paid. Unless you have a lease that says otherwise, you are not compelled to mediate disputes between co-tenants and either is liable for the full rent.

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

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Answered on 3/29/11, 5:16 pm
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Yes. If the rent for the apartment is $1400, you can evict the tenants if it is not fully paid UNLESS you rented to each separately at $700. Did they commence the tenancy together?

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Answered on 3/29/11, 6:59 pm
Robert Davies The Davies Law Firm, P.A.

Yes, as the other attorneys said, the rent is $1400 for the apartment, period. Not $700 for one guy to have possession and use of the apartment.

I can help you sue to evict, this is a pretty simple legal procedure. I can help you to do it for yourself if you like, to save you some money.

I represent small businesses and I handle real estate matters. I would like to be your business attorney. Call me, come in to see me (no charge for the first office visit) and we will talk over this problem, and you can decide what you would like to do.

Robert Davies, Esq. 201 820 3460

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Answered on 3/30/11, 6:53 am


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