If I hired a live-in to take care of my mom but she is not working out and I terminate her employment, can she still stay in my house because that is her residence?

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If I hired a live-in to take care of my mom but she is not working out and I terminate her employment, can she still stay in my house because that is her residence?

Do I have to give her time to find another place to live? Do the same laws apply for a live-in as a landlord and tenant?

Asked on September 26, 2015 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, she cannot remain in your house she is allowed to live there only because of her job, so her tenancy is dependent on her employment when her employment terminates, so does her right to live there, under New Jersey law N.J.S.A. 2A18-61.1m. If she will not leave voluntarily, you may bring an eviction action in court to remove her.  In NJ, all evictions have to be through the courts. You would first have to send her the proper notice a three-day notice to quit/termination notice. If she still doesn't leave, then you file the eviction action. New Jersey evictions can be tricky NJ provides alot of protection for tenants, including employee-tenants, and a failure to follow the right procedures can result in the dismissal of your case. You are advised to hire a landlord-tenant attorney to help you.


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