How do I evict a roommate with no lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.