How do I force my stepson and his wife out of our home since they do not pay?
Full Question:
My step son and step daughter-in-law have been living in the home with my husband and me for the past year and a half. I have endured a lot of harassment and verbal abuse and have asked them to leave. They keep telling my husband and me they are not moving out until they find a place they like. We were asking for $100.00 per week and have not received any in the past year. How do I legally have them removed before something happens to me. I am afraid to sleep at night and the harassment continues. I do not feel safe in my own home and my husband can not stay with me all the time.
03/15/2009 |
Category: Landlord Ten... ยป Lease Termin... |
State: New Jersey |
#15636
Answer:
A person without a written lease is tyically considered a tenant-at-will. In New Jersey, a landlord may terminate a tenancy at will by providing a written 30 day notice. It may be possible to obtain a restraining order if there is a fear of harm.
The following are NJ statutes:
2A:18-56. Proof of notice to quit prerequisite to judgment
No judgment for possession in cases specified in paragraph "a."
of section 2A:18-53 of this Title shall be ordered unless:
a. The tenancy, if a tenancy at will or from year to year, has
been terminated by the giving of 3 months' notice to quit, which
notice shall be deemed to be sufficient; or
b. The tenancy, if a tenancy from month to month, has been terminated
by the giving of 1 month's notice to quit, which notice shall be deemed
to be sufficient; or
c. The tenancy, if for a term other than at will, from year to year, or
from month to month, has been terminated by the giving of one term's
notice to quit, which notice shall be deemed to be sufficient; and
d. It shall be shown to the satisfaction of the court by due proof that
the notice herein required has been given.
46:8-9. Three months' notice to tenant to quit sufficient
In all cases where a tenant is or may be entitled by law to notice to
quit the leased premises, in order to determine his tenancy, three
months' notice in writing to quit shall be deemed and taken to be
sufficient.