Legal Question in Real Estate Law in New Jersey

My roommate is not on my lease and I want him to move

I leased an apartment in Jersey City, NJ four years ago. Some time later, I allowed a friend to move in with me. He is not on the lease but has paid monies directly to the landlord for the past five months. Is he a ''guest,'' a ''sub-tenant,'' a ''co-tenenat'' or what? Can I make him leave or does my landlord have to start eviction proceedings? I'm not sure what my rights are exactly but I do want him to move out.


Asked on 5/21/02, 3:54 pm

1 Answer from Attorneys
Ryan Dornish Ryan A. Dornish, Attorney At Law

Re: My roommate is not on my lease and I want him to move

Please be advised that I have not been retained to represent you and I am basing this response on the limited amount of information supplied. However, it all depends on what you and your roomate agreed to when he or she moved in. If the agreement was that the the roomate was a guest who would assist you with rent - you can ask him or her to leave and he or she can be removed without eviction. If there is a written agreement that the roomate will assist you with rent for a specified period of time, an eviction will be necessary. There are various factors to consider in determining whether or not a tenancy has been created and you should discuss this further with an attorney. However, the easiest step is to ask the roomate to leave. If the roomate complies or asks for a reasonable time to find a new place, you have accomplished your goal - if not - I can be reached at 908-537-7975 for further advice.

Good Luck!

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Answered on 5/22/02, 1:12 am


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