Legal Question in Landlord & Tenant Law in New Jersey

I moved in with a friend of mine a few years ago. The whole time I have lived with him I have had trouble with different things like jobs, had to get car fixed, etc. As a result many times I have been late on my half of the rent, but I always ended up paying it eventually (before the month ended). No matter what he would always yell at me and say "the rent is due on the first, this is how it is and it is not negotiable". I explained to him that how can I possibly pay the rent on the first, if I don't get paid until maybe the 8th or something like that, he just doesn't seem to understand it. Also I didn't have my security deposit when I moved in so he made an agreement to have me pay in installments. It took me quite a while due to money trouble, every time we made a payment agreement I wasn't able to keep up with it. Finally he sent me a notice by certified mail telling me that I have 30 days to vacate, and the reasons were failure to pay security deposit, habitual late rent payments. I sent him an email telling him that I have just as much of a right to be here and that he cannot kick me out. I am not on the lease, he is the only one on the lease, but I have lived here for over 2 years and I even have the Verizon bill in my name. He told me that he is filing for eviction so instead of giving him this month's half of the rent, I put it into escrow and emailed him telling him that. A couple of days later he let me know that he went to court to file and the court clerk told him that he does not have to evict me because I have no legal right to the property, he filed for something called an "ejectment" which he said cost him $230. He said that I am not a tenant, but a friend or family member that is refusing to leave. I told him that he is wrong and that i have a lawyer, which I actually don't because I can't afford one. He said he was told by someone at the courthouse that in about 2-3 weeks he will have a ejectment order that he can give to the local police and they will escort me off the property. He said they told him that he is not a landlord, but just a friend letting another friend stay with him and that I don't have a legal right to the property because I am not on the lease. I researched the internet and I can't find anything about this "ejectment", so i'm not sure if he's just trying to scare me. I don't know what to do or what my rights are, is there anything I can do to stop this? I know I have caused him some trouble but it was out of my control. The first time I got in a car accident which caused some minor damage to the front end, and I had to pay a $500 deductable to my insurance. He got enraged and said "you chose to spend your half of the rent money on your deductable instead?". I told him "I did not have a choice" and he said "your car was still driveable with minor damage". He just doesn't understand problems like these.


Asked on 1/15/10, 10:17 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Unfortunately for you, it appears that he is correct. You do not appear to be a tenant in that you have no lease with him. You may be able to argue that you have an oral month to month lease with him, but that would likely cost more for you to argue than would be worth it. I would suggest that you find alternate housing as quickly as possible.

Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. I would be happy to discuss this matter with you if you would call me. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner

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Answered on 1/20/10, 10:51 am


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