How to evict tenants who have no lease?

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How to evict tenants who have no lease?

My parents have been renting our old house to, no longer, friends for 5 years now. They have not paid us any amount of money for 3 1/2, maybe 4, years. We have given them oral and written notices to vacate the home but they will not. Seeing the whole tenant rights thing I am not sure how to go about this. My parents are poor, on social-security and disability. Therefore they really can’t do much by themselves. There is no written lease, only oral. So what can be done?

Asked on June 17, 2012 under Real Estate Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay well you need to serve them with a 30 days notice to vacate. Once they do not leave then you will serve them with summary eviction proceeding paperwork.  If your parents own the house then their names muxt be on all documents unless you are their POA. The p[rocedure for service, etc., is very specific and messing it up could cause problems down the road.  I am going to give you a link to the NJ court system on the issue.  Also try your local bar association for pamphlets on the matter.  Good luck.

http://www.judiciary.state.nj.us/civil/civ-04.htm


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