Urgently need to remove roommate

Previous | Next
 rated by 0 users
Latest post 05-09-2006 11:57 AM by charles3. 6 replies.
  • 05-07-2006 4:23 AM

    Sad [:(] Urgently need to remove roommate

    New Jersey-
    I rent (no lease) I bought in a roommate (also no lease) he has begun to steel from me (no proof but no doubt he is committing the offence) today expensive item taken. I want to put his property on the street tomorrow. If he calls the police, am I in violation? Will he have solid civil recourse?

    ...I'm in need of suggestions, to follow-up on, for legal fast evacuation of a roommate ASAP- need to throw him out tomorrow. Over the last 12 years I have lived on the 2nd floor of a 2 story house. Private entrance going upstairs to my area, which I share with another individual whom I bought in as a roommate about 6 months ago (no lease) (rent pay by cash- no checks) We have separate bedrooms - shared bath. My roommate (adult) has family living in the local area. My landlord is a doctor who's practice is down stairs on the 1st floor and he owns the house but lives in another town. The doctor is a friend of mine and I have no lease with him (pay cash). He is old and not well, so I do not want to bring him into all this... items started to disappear during the last few days and though I know he is the problem, I have no proof. I want to order him out and have him start packing to be gone same day. If he refuses, I intend to put his property on the curb when he is at work, and change the locks. He is a security risk I can no longer afford to have in the house and above a doctor's office. Once I tell him he is out, problem will escalate if I do not remove him.

    Can I throw him out? Can I enforce instant No Trespassing Notice to a non-lease roommate? Or, can I just remove his property/ change locks when he is not here?

    Thank-you for your time and attention...
    I expect bad news- as I read my own text I keep hearing the thoughts of: court order/landlord

    Thanks, charles
  • 05-07-2006 7:18 PM In reply to

    Feedback [*=*] re: Urgently need to remove roommate

    I'm assuming he's paying some money to live there.

    "I want to put his property on the street tomorrow."

    Don't do that. You are liable for damage to the property.

    "If he calls the police, am I in violation? Will he have solid civil recourse?"

    You can't just boot a tenant like that. Yes, he will have civil recourse.

    "Can I throw him out?"

    No.

    "Can I enforce instant No Trespassing Notice to a non-lease roommate?"

    No.

    "Or, can I just remove his property/ change locks when he is not here?"

    No.
  • 05-07-2006 7:52 PM In reply to

    re: Urgently need to remove roommate

    great, all kinds of options here.
    OK, do not throw him out today, gotchya.
    Your post was just in time- he came home moments ago and I checked this post before I was to talk to him... still have not talked to him yet, as I type this, staying calm.
    Can I go for 30 days?
    So, since I am his LL (he has never had direct contact with my LL- roommate pays me, month to month (no lease). What is my option before going courtTV. He pays but gets more back in theft. If I catch him and he goes to jail, I guess his stuff stays in the room and I get no money. Say I just want him out. Can't I boot him out without reason? And, if so, do I need to go to the state and fill out eviction papers? Can't I just certify letter (signature required) to him stating that he has 30 days after receiving the letter?

    Thanks in advance, and I will follow up with someone with the state if a letter described above will not fly.
  • 05-08-2006 11:51 AM In reply to

    re: Urgently need to remove roommate

    You keep saying "no lease, no lease", but the fact is you have lease agreements -- they are simply not in writing.

    You *really* ought to have read up on NJ landlord-tenant law before you subletted. I trust that your landlord does not know about the subletting.

    You should talk with a local real estate attorney about coming up with a strategy here (whether it be a very involved lease agreement that you know the goober will not sign, etc.).

    http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/index.cfm
  • 05-08-2006 1:02 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,591

    re: Urgently need to remove roommate

    In some states it is possible that a roommate who lacks exclusive possession rights to a complete dwelling unit is NOT a tenant under the LT act but is a mere guest or boarder subject to different laws--and ina fee states a tenant in one own unit is ony required to be given a truncated due process---but I do NOT KNOW what applies in NJ.

    In general if you throw out or lock out a tenant w/o full due process you are opening yourself up for a royal can of worms.

    LL comments for another state:

    In general if you threaten a criminal action to induce a quick exit over rents you leave yourself open to a crime akin to extortion--you can make vibes but you sort of need to know where that line in the law is.

    Unless you have proof of the thefts you won't get very far on that line. But RM may not know hat you cannot prove whatever adn may not know his rights.

    However if you are good at poker you may be able to buffalo the person into an immediate exit and written surrender --blame onthe weather or what you want--just get him to exit under his own steam.

    You can buy him two bottles/cases of his favorite brew to help him think--but he better be sober when he signs the surrender and you want him out change the locks etc--no reentry for stuff-- when his Uhaul comes you and your friends will carry it down to door-- Out means out.



  • 05-09-2006 11:57 AM In reply to

    Question [=?] re: Urgently need to remove roommate

    Thank-you...
    I called most all NJ State numbers and no one had answers about roommate laws. Best i got was research Lexis for NJ- until i contacted:
    NEW JERSEY LAW REVISION COMMISSION
    973-648-4575
    I was advised my roommate was in fact "mere guest or boarder". Further advised, order him to leave immediately or by specified date and if he does not- lock him out, permitting entry only for him to retrieve his belongings. If he does not attempt to recover his property, i may put his property on the street any time of my descretion.

    Of-course i question if this answer is fact...
    Further comment is appreciated.

    At the moment, my plan is to have him sign some sort of commitment to leave by date and time. If he does not, hand him notice to vacate. Then follow above recommendation from NJ Law Revision Commission.

    Thanks much, charles
  • 05-09-2006 12:01 PM In reply to

    Question [=?] 'mere guest or boarder'?

    Thank-you...
    I called most all NJ State numbers and no one had answers about roommate laws. Best i got was research Lexis for NJ- until i contacted:
    NEW JERSEY LAW REVISION COMMISSION
    973-648-4575
    I was advised my roommate was in fact "mere guest or boarder". Further advised, order him to leave immediately or by specified date and if he does not- lock him out, permitting entry only for him to retrieve his belongings. If he does not attempt to recover his property, i may put his property on the street any time of my descretion.

    Of-course i question if this answer is fact...
    Further comment is appreciated.

    At the moment, my plan is to have him sign some sort of commitment to leave by date and time. If he does not, hand him notice to vacate. Then follow above recommendation from NJ Law Revision Commission.

    Thanks much, charles
Page 1 of 1 (7 items) | RSS

My Community

Community Membership New Users: Search Community