How do I evict a roommate with no lease?

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How do I evict a roommate with no lease?

Before my father passed 2 years ago. My uncle was staying in a bedroom in his apartment paying $100 a week. When my dad passed my husband and I moved into the apartment. We told my uncle verbally that he could stay 6 months. It’s now almost 2 years but he hasn’t left yet. He keeps stating that he is looking for a place but I don’t believe he is. What do I need to do to get him to leave? He is still paying rent on time. We have a young son now and are in need of the extra bedroom.

Asked on July 12, 2012 under Real Estate Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since your uncle has been paying rent he is a" tenant", even though you don't have a formal lease. In the eyes of the law a "periodic tenancy" or "month-to-month tenancy" has been formed. Accordingy, in order to evict your uncle you will have to serve him with a "notice to quit". If he still remains on the property, you will need to file an "unlawful detainer" (i.e. eviction lawsuit) in court. At such time as a "writ of possession"is issued, you can have the sheriff remove him if necessary.

At this point, in order to find out the specific steps for eviction in your area, you should contact a tenant's rights group, housing court, or a local attorney who specializes in landlord-tenant cases.


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