Legal Question in Landlord & Tenant Law in New Jersey

I am a landlord, and my tenant is on the lease with her soon-to-be ex-husband (who has never lived on my property; she moved in when they separated). The lease is currently running month-to-month. Once the divorce is final, he wants his name off the lease, and she likely wouldn't qualify on her own. More pressingly, however, he made some disturbing accusations against her -- that she is dating a felon who deals drugs and may be doing so from my property, which incidentally is a very nice apartment-style condo.

I haven't heard any complaints from neighbors or the management company, so I'm not sure if I have any basis to take any action against my tenant at this point. My preference would therefore be to keep the status quo until he formally gives 30-day notice of lease termination, at which point I'd make her re-qualify, which she'd be unable to do. This would ideally lead to her vacating and my re-leasing to a new tenant. However, I am concerned that if I have *any* reason to believe there is illegal activity happening on my property -- even if the source of the accusation is a potentially vindictive ex-husband -- I have some sort of legal responsibility to do something, or liability if I don't.

Help!


Asked on 7/26/14, 9:41 am

2 Answers from Attorneys
Matthew Schutz Matthew R. Schutz, Esq.

I would wonder about the credibility of the Ex unless there is some independent basis to support the claim. On that score I would not be worried. However you should be aware that NJ has a very broad definition of what constitutes a tenant. Even though the woman may not be on the lease, her long term presence, coupled with accepting rent with your knowledge may be enough to make her a tenant. Based on the facts here I would suggest that you proceed with proposing a new lease and doing the necessary checks. First however I would suggest a consult with an attorney. To clarify her exact status. Most attorneys will give a free initial consult.

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Answered on 7/27/14, 5:10 am
Robert Davies The Davies Law Firm, P.A.

you need to talk to an attorney and get some help with this. you want to be able to remove her from the apartment. New Jersey law favors tenants. You will need to know what the NJ landlord=tenant law is, and you will need to comply with that law.

Call me if you would like me to assist.

Robert Davies, Attorney

202 820 3460

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Answered on 7/28/14, 8:22 am


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