How Can I Evuct Tenants in My Home if My Spouse Gives Permission for Them to Stay?
Full Question:
Answer:
When married persons decide to live separately but not divorce, they typically will execute a separation agreement. The agreement can later but used as settlement of the marital issues in a divorce. The agreement would lay out all the issues of property settlement such as who would be responsible for the mortgage and upkeep of the marital residence. Therefore, spouses living separately may come to an agreement as to property distribution and uses of property and enforce that agreement through the family court.
A separation agreement (sometimes called a Pendente Lite Order) is a formal agreement between you and your spouse. Separation and property agreements may be entered into before a divorce is filed to be effective when signed, or may be entered into after the divorce is filed to settle the case of parts thereof. It provides for support and other financial conditions until the divorce is final. If it is not in the form of a court order the agreement is not binding. A separation agreement usually contains provisions relating to child support, visitation, alimony, responsibility for joint bills, who will remain in the marital residence and who will pay for its upkeep and how to split any tax refund and tax deductions.
New Jersey law does not provide for a formal legal separation. It is possible for you and your spouse to agree to live separately and to resolve all financial and child-related issues in a written agreement. This agreement may be incorporated into a Judgment of Divorce in the event you or your spouse files for divorce at a later time. If you cannot reach an agreement, you can obtain a divorce from "bed and board." This means that you will continue to be married although the courts grant all other rights normally incidental to divorce, such as equitable distribution of assets.
New Jersey is an equitable distribution state in which the court, if the parties have not entered into a settlement agreement, will divide the marital property equitably between the parties, taking into consideration many factors such as; the duration of the marriage, the standard of living established in the marriage, etc.
It will be a matter of subjective determination for the court, based on all the facts and circumstances involved, whether you are considered a landlord for eviction purposes.
Please see the following PA statute:
68 P. S. § 250.501. Notice to quit
(a) A landlord desirous of repossessing real property from a tenant
except real property which is a mobile home space as defined in the act
of November 24, 1976 (P.L. 1176, No. 261),[fn1] known as the "Mobile Home
Park Rights Act," may notify, in writing, the tenant to remove from the
same at the expiration of the time specified in the notice under the
following circumstances, namely, (1) Upon the termination of a term of
the tenant, (2) or upon forfeiture of the lease for breach of its
conditions, (3) or upon the failure of the tenant, upon demand, to
satisfy any rent reserved and due.
(b) Except as provided for in subsection (c), in case of the expiration
of a term or of a forfeiture for breach of the conditions of the lease
where the lease is for any term of one year or less or for an
indeterminate time, the notice shall specify that the tenant shall remove
within fifteen days from the date of service thereof, and when the lease
is for more than one year, then within thirty days from the date of
service thereof. In case of failure of the tenant, upon demand, to
satisfy any rent reserved and due, the notice shall specify that the
tenant shall remove within ten days from the date of the service
thereof.
(c) In case of the expiration of a term or of a forfeiture for breach
of the conditions of the lease involving a tenant of a mobile home park
as defined in the "Mobile Home Park Rights Act," where the lease is for
any term of less than one year or for an indeterminate time, the notice
shall specify that the tenant shall remove within thirty days from the
date of service thereof, and when the lease is for one year or more, then
within three months from the date of service thereof. In case of failure
of the tenant, upon demand, to satisfy any rent reserved and due, the
notice, if given on or after April first and before September first,
shall specify that the tenant shall remove within fifteen days from the
date of the service thereof, and if given on or after September first and
before April first, then within thirty days from the date of the service
thereof.
(c.1) The owner of a mobile home park shall not be entitled to recovery
of the mobile home space upon the termination of a lease with a resident
regardless of the term of the lease if the resident:
(1) is complying with the rules of the mobile home park; and
(2) is paying the rent due; and
(3) desires to continue living in the mobile home park.
(c.2) The only basis for the recovery of a mobile home space by an
owner of a mobile home park shall be:
(1) When a resident is legally evicted as provided under section 3 of
the "Mobile Home Park Rights Act."
(2) When the owner and resident mutually agree in writing to the
termination of a lease.
(3) At the expiration of a lease, if the resident determines that he no
longer desires to reside in the park and so notifies the owner in
writing.
(d) In case of termination due to the provisions of section 505-A,[fn2]
the notice shall specify that the tenant shall remove within ten days
from the date of service thereof.
(e) The notice above provided for may be for a lesser time or may be
waived by the tenant if the lease so provides.
(f) The notice provided for in this section may be served personally on
the tenant, or by leaving the same at the principal building upon the
premises, or by posting the same conspicuously on the leased premises.
