How would I go about having a non-family resident removed from an estate property?

Asked on June 25, 2014 under Estate Planning, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the person was a tenant, they most likely cannot be removed, if they are still paying their rent, obeying their lease, and otherwise being a "good" tenant--your state's law makes it very difficult to remove tenants who are honoring their obligations. (On the other hand, if not paying rent, if violating the lease, if damaging the property, etc., they may be evicted by filing an eviction, or summary dispossess, action in landlord-tenant court.) If not a tenant--that is, if had been a guest, for example, of the person who died, the executor or administrator (if the property has not yet been distributed) or the beneficiary who received the property (if it has been distributed) may file an action "for ejectment," which is basically eviction for non-tenants; a non-tenant guest has no right to stay if the property is now owned or controlled by someone who wants them out. An ejectment action can be somewhat technical and complex; an attorney should be retained to help.


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