Legal Question in Landlord & Tenant Law in New Jersey

Okay. So it's a long story but in the past couple off months (since July), my mom and I have been living with my Grandmother. In June we lost our home because my mom lost her job and didn't want to stay another month and bee mean to our landlady. We moved in with my Grandmother. We have two dogs. She says (emphasis on that because she didn't show my Mom proof) that she can't have dogs at her house (any dogs) but she let my Mom's and my dogs stay at her house. Everyday, twice a day, after we wake up and before we go to bed, my Mom and I have been cleaning up after our dogs. But my Grandmother more recently has started to poke, prod and badger at me when my Mom isn't around. After a while of dealing with her abuse, I lost my temper. This happened a couple of times and even though I didn't record her badgering and abuse, she recorded me when I lost my temper. Because of that and because I tried to protect my Dogs, my Grandmother tried to kick my mom and I out today. She called the police to try and get us out even though, today, I tried to say "you need to talk to my Mom if you have any issues with us. It's not my responsibility to deal with this if you have a problem". I said this as I was sitting downstairs on the computer trying to do my homework. (and she clearly did as I could see by all of her yelling and mean-ness). I can't say i've been a super saint with all of this but neither has she. She threatened me mutliple times and threatened my dogs even though my mom and I clean up after them when we get home. Since I don't have proof of her badgering me and starting all of our arguments, what should I do? She's saying she wants to use that as evidence to get us evicted. Also, in this whole process, when my mom and I would offer to help her out with gorceries or with the dishes she denied us every time. She didnt even want us to pay rent so she never made us a lease. But she's trying to us that against us as well. I know she doesn't want us here. I don't want to stay here either but I want to be able to defend myself if she tries to use the few times i've lost my temper with her as evidence against us. I know it's my fault that I lost my temper but I never threatened her. What should I do?


Asked on 9/19/16, 12:57 pm

1 Answer from Attorneys
Matthew Schutz Matthew R. Schutz, Esq.

Under NJ aw you are not a tenant. Your GM will have to file an action called an ejectment. Until that process is complete and you are removed by a court officer she can't remove you on her own. Self help evictions are illegal. The question in an ejectment is whether or not the occupancy is illegal, not behavior per se. I would suggest you record all interactions with GM. It wuld help in DV action should it come to that.

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Answered on 9/20/16, 4:54 am


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