Of course, but because this is not a common situation, the specifics of how to do so can be cloudy. How did you end up with a tenant you did not make a contract with? The most common way is that you have taken over or bought a property which was already rented, or you inherited a rental property and did not make the contracts.
Or perhaps you made a verbal or written agreement with the tenant, setting up a month-to-month tenancy. It is important for a landlord to never try to remove a tenant themselves. What a landlord can do is:.
You should not need to give any reason to end the tenancy since there is no lease or contract involved. The eviction process in New Jersey in particular can be highly complicated, and hiring an experienced lawyer to handle evictions of tenants without rental or lease agreements is crucial.
We can guide you on how to effectively handle various situations that you may have to deal with on your properties. Oppositely, if you are a tenant in New Jersey and need legal help with an eviction issue, contact us.
Next, an affidavit must be obtained from the local court and completed. In some cases, the landlord and tenant may have to go to court, such as if a tenant does not evacuate within the given time or wishes to dispute the eviction decision.
There is no reasoning required for a landlord to end this type of agreement. However, when this type of tenant pays the landlord rent, they earn rights. This can mean that the tenant has anywhere between days to vacate the property.
Landlords must keep in mind that actions such as shutting off utilities, changing the locks or forcing renters to leave without proper notice are not legal and can result in action against the landlord. Therefore, someone can generally only be evicted without a lease for failure to pay rent, serious damage caused to the property, disturbing neighbors consistently or health hazards on the property.
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Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location. I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys.
Many of our clients are going through difficult times in their lives when they reach out to us. They should feel comfortable leaning on the experience and expertise of our attorneys as their counselors and advocates. We are here to help! Schedule a Consultation. In some areas, even guests who overstay their welcome might become legal tenants even when they don't sign a lease or rental agreement , simply by virtue of the length of their stay.
So what do you do when you want a roommate who's not on the lease or rental agreement to move out? Removing an unauthorized roommate who doesn't want to leave can be challenging.
Under many laws, all occupants—even those whose presence wasn't authorized by the landlord—have certain rights to remain at a rental, especially when they've lived there for a long time.
You need to let your roommate know—in writing—that you are ending the current living arrangement. Give a deadline by which the roommate and the roommate's personal property must be out of the rental. Even though the roommate isn't an official tenant, you should give at least the same amount of notice required to end a month-to-month tenancy. In most states, the notice period is 30 days. Make sure that your roommate receives the notice: As silly as it might seem given that you live together, consider mailing the notice via certified mail for proof of receipt.
Keep a copy of the notice for yourself. If your roommate ignores your notice and remains in the rental, you might have to file an eviction lawsuit.
In general, the procedures for evicting a resident who isn't a party to the lease or rental agreement will be the same as those for official tenants, but your state or local laws might be an exception.
A local landlord-tenant attorney can help you navigate how to proceed in your area's courts. Keep in mind that—regardless of the roommate's status on the lease or rental agreement—it is never legal to physically remove or lock out a tenant or a roommate who might have legal rights similar to a tenant's from a rental.
Even when your landlord approves a subtenancy, removing the subtenant can be challenging. Depending on the terms of your lease or rental agreement, you might be solely responsible for terminating the subtenancy. If the subtenant doesn't leave voluntarily, you might also have to file an eviction lawsuit on your own. Evicting a subtenant can be especially difficult when you don't have a written subtenancy agreement covering issues such as termination and eviction rules and procedures.
It can be especially complex if the property is rent-controlled and requires "just cause" a good reason to evict. In any case, eviction lawsuits can be an expensive and time-consuming process. Depending on your relationship, you might consider enlisting your landlord's help in removing the unwanted roommate—especially when the landlord approved a subtenancy or was aware of the roommate. However, if you brought in an occupant in violation of a clause in your lease or rental agreement such as a no-long-term-guests clause or a no-subletting clause , your landlord might simply terminate your tenancy to be rid of the problem.
Even if your landlord would like to help you remove your roommate, your landlord might ultimately decide there's no viable solution other than to evict all people living in the rental and start fresh with a new tenant. Due to the complexity of getting rid of an unauthorized occupant in your rental, consider consulting with a local landlord-tenant attorney before taking any action.
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