Legal Question in Landlord & Tenant Law in New Jersey

I rent a apartment for work, and am the only person on the lease. I took on a roommate with out adding them to the lease, nor creating a lease between us. I no longer want a roommate, and have expressed it to him. He is now unwilling to leave. Being that he is not on any lease, what can I do to get him out ?


Asked on 2/01/10, 8:24 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Actually, you may have created an oral lease between the two of you. Did he pay you any rent or reimburse you for any utilities? Did he buy food in lieu of rent? He may have some arguable points to establish that he is a tenant. On the other hand, you can argue that he is just a friend who is staying there with you at will, you can ask him to leave and if he will not, you could call the police and ask them to have him removed, as a trespasser. They may or may not assist. If he says he is a tenant, they may require you to file to have him removed by the eviction process in the landlord/tenant Court. Or you could file an ejectment action in the Superior Court. Either way, if he does not leave amicably, or with police assistance, you will need to file something in Court and you are better off having an attorney assist you.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have any questions whatsoever, you should meet with an attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner

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Answered on 2/07/10, 7:27 am


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