what am I supposed to do ,unpaid tent+totally bad suituation? (lease, eviction)

[jessiejessie]

We ,a young couple,live in jersey city between jersy height and JSQ station.
We bought a house 3 month ago.
Then my husband lose his job 2 months ago,and I am a housewife.
We rebuild the living room for anther bedroom,so we can get one more room rent to support the bills.
And we rent it to a student who is a girl and studies in NJ university.
HERE BEGINS THE HUGE MISTAKE:
She told us she just move here from other city,so she needs some time to pay the total rent and deposite.
WE TRUST this student+girl.
And until now ,it's 2 months already,she has just paid us $200.
We just have a really big "fight",we already noticed her to move out a week ago,and she agreed but now she dont want to move out,so we call police.
The police came and told us it is illegal to rebuild the room and we can kick her out.
Now she's still in the room and not ready to move out.
We are afraid she destroy the room and the police may fined us for the rebuilding.
Is there someone can give us suggestions about this situation?
I appreciate your help.

[njchick]

You really need to speak to a lawyer...you might have to pay a fine for illegal housing but maybe you can get this girl out of your house with a lawyers help. If your home isn't zoned for multifamily then what you did was illegal, but you can also start the process of getting her out.

[seque5tra]

1. How old is this girl? Can you get in touch with her parents? If she is on Facebook or any of the other on-line networking sites, it shouldn't be that hard to get some info or contacts.

2. If she has money for college tuition, text books, school supplies, school fees, etc. etc., she has money for rent. If it's an either or situation for this girl, well, I feel for her, but it's HER responsibility to drop out of school and get a JOB to scrape enough money together for a place to live FIRST, and THEN go back. Or go to the bank and get a loan. None of that is YOUR responsibility. Did you give birth to her? Are you her legal guardian? No? Then why should you house her for free? I don't understand how she can be so broke that she can only afford to pay you $200 for 2 months rent, yet she has this kind of money:

http://www.njcu.edu/i2e/financial_aid/tuition_fees.asp

3. Did she sign any kind of lease or a contract? It doesn't sound like it from the fact that you just "trusted" this girl to give her extra time to get you a security deposit and rent.

4. Even if she DID sign a lease/contract, NOT paying rent is grounds for eviction. But again, it doesn't sound like there is any kind of lease/contract at all, so she has no claim to any tenant's rights. Bottom line: she never gave you a security deposit and she is not paying rent. Where is the question here? You have no obligation to this person.

http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/chapternine/index.cfm

Regardless of your illegal construction, this girl is a stranger that is now squatting/trespassing in your home. I was going to ask if this is a family friend or something, but if you are afraid that she will destroy the room...I'm guessing she's a stranger off the street? You have no obligations here.

[desertsun41]

Pick her up, carry her out and drop her out on the porch. Close the door and lock it. Period. I'm sure your husband is strong enough to pick up a little girl and carry her out. It works. Try it.

[diorgirl]

Originally Posted by desertsun41

Pick her up, carry her out and drop her out on the porch. Close the door and lock it. Period. I'm sure your husband is strong enough to pick up a little girl and carry her out. It works. Try it.

Do NOT touch her -- you can be charged with assault if she decides to press charges. Call the police and have her removed from the premises -- she is trespassing. Or simply wait for her to leave and change the locks; then she will have to come with the police to get her things.

In any event, get yourself an attorney -- call Legal Aid if you can't pay for one. You need to get her out without causing yourself any further liability. And you need to change the lock to stop her from returning.

[Obrero]

Originally Posted by desertsun41

Pick her up, carry her out and drop her out on the porch. Close the door and lock it. Period. I'm sure your husband is strong enough to pick up a little girl and carry her out. It works. Try it.

I agree. Just lock the freaking door when she is out and put her crap outside. I mean really....it doesn't sound that hard.

[gagaliya]

1) if you do not have a signed tenant contract with her, then lock the door and dont let her back in. If she makes a scene, call the cops. But i agree do NOT touch her under any circumstance. Just lock the door when she leaves.

2) If you do have a signed tenant contract with her, then you cannot do that. Talk to an attorney to get an eviction started.

3) What you did is illegal, be prepared to pay the fine for the living room situation.

But it is terrible what you are going through, buying a house losing job right after then had to deal with a trouble tenant.