Legal Question in Landlord & Tenant Law in New Jersey
Landlord rights
My son and his family have been living rent free for the past 10 years in a house my wife and I own in New Jersey. We now plan to sell the property but have been told that since my son has been occupying the premises for 10 years he can stop us from selling or refuse to leave if a new owner should ask him to. I do appreciate your help and thank you very much.
4 Answers from Attorneys
Re: Landlord rights
They are there as tenants and as such only have tenants' rights. When you sell the house you have to give them sixty days notice to move out so the new owner can move in. You will need legal help at the time you enter into a contract to sell. Please contact my office and we can help you through this matter. Good luck.
Re: Landlord rights
It's not quite that simple, but not quite that complicated. Your son has become a tenant in your home. As such if he refuses to move out, you would need to start an eviction proceeding, however he cannot veto a sale.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: Landlord rights
Not so. They were living there with your permission so there is no "adverse possession" and they can't stop you from selling. However, they will have to be evicted if they refuse to move out.
Re: Landlord rights
Either you or the new owner can seek to evict your son (if he refuses to leave) because of the sale of the house. Adverse possession in NJ is 30 years so he is no where close to adverse possession (not to mention you have him permission to live there thus not adverse).
Our office handles Landlord Tenant matters, so if you need assistance please call us at (973) 344-0808 there is an initial consultation fee on this type of case.
John M. Pinho
www.DaSilvaPinho.com
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