How do you evict a family member that pays no rent and has no lease?

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How do you evict a family member that pays no rent and has no lease?

Asked on March 21, 2012 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Someone who pays no rent and has no lease is a guest, not a tenant; a guest may remain only so long as you allow them. You can revoke his/her permission; if he/she does not leave, try calling the police--they may be willing to help remove the person, on the grounds that he/she is now a trespasser.

However, while that's always worth trying first, the police will not always help out in these cases--they often worry that the person does have some claim or right to remain, which must be determined judicially. In that case, you'd have to bring a legal action to get them out. If he or she was a tenant, you'd bring an eviction action; for a non-tenant, the correct action is usually an action for ejectment or detainer. If it comes to that, rather than try to figure out the law yourself, you are advised to retain an attorney.


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