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Old 02-03-2008, 06:49 PM
 
Location: NJ
100 posts, read 420,013 times
Reputation: 35

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Does anyone know if non-paying, sister-using, utterly annoying family members that live with you have tenant rights? One NJ realtor said I needed to give them notice to vacant since my house is for sale, another said I didnt as they pay for NOTHING.

Thanks!
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Old 02-03-2008, 07:22 PM
 
Location: Maryland
1,667 posts, read 9,358,793 times
Reputation: 1653
I'd guess that who's name is on the house title controls what goes on with the house. If she were conducting illegal activity in your house, you'd be liable for providing the place for her to do it. But, if in doubt, ask a lawyer.
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Old 02-03-2008, 07:24 PM
 
Location: Seattle, WA
1,368 posts, read 6,491,058 times
Reputation: 542
Quote:
Originally Posted by Aimsely1 View Post
Does anyone know if non-paying, sister-using, utterly annoying family members that live with you have tenant rights? One NJ realtor said I needed to give them notice to vacant since my house is for sale, another said I didnt as they pay for NOTHING.

Thanks!
If theres no lease, then theres no need for notice. However, it would be smart to advise them that the house is for sale, and give them written notice of when they need to vacate by for the new owners.
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Old 02-03-2008, 08:52 PM
 
Location: A little suburb of Houston
3,702 posts, read 18,160,805 times
Reputation: 2090
Technically, she is probably a sub-letter. Try asking her to leave. If she does not, you will probably have to evict her.
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Old 02-03-2008, 09:00 PM
 
28,107 posts, read 63,432,187 times
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Explain the house is being sold and that you are willing to help her find another place if she co-operates... if not, you will have to get tough... sometimes a visit from your local Police is Sufficient. The last resort is legal along with all the costs, both monetary and family that go with it.

Sorry for your predicament.

I would present the options and go from there.
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Old 02-03-2008, 09:20 PM
 
106 posts, read 896,225 times
Reputation: 125
Quote:
Originally Posted by Aimsely1 View Post
Does anyone know if non-paying, sister-using, utterly annoying family members that live with you have tenant rights? One NJ realtor said I needed to give them notice to vacant since my house is for sale, another said I didnt as they pay for NOTHING.

Thanks!
Unless your realtor is planning on paying your legal fees ... don't listen to them.

You do need to give them proper notice, and proper meaning statutorily defined notice.

If they don't vacate, you would need to start an ejectment action if a hold-over action wouldn't be appropriate for your exact situation. Only a lawyer could tell you which would be appropriate.

The fact that they pay for nothing means nothing. You gave them the right to live there, and as such, they are tenants.
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Old 02-03-2008, 09:21 PM
 
106 posts, read 896,225 times
Reputation: 125
Quote:
Originally Posted by Ultrarunner View Post
... sometimes a visit from your local Police is Sufficient.
Landlord/Tenant matters are heard in Special Civil.

The police do not and will not have anything to do with it.
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Old 02-03-2008, 09:23 PM
 
106 posts, read 896,225 times
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Quote:
Originally Posted by Radek View Post
If theres no lease, then theres no need for notice.
In what Universe?
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Old 02-03-2008, 09:36 PM
 
28,107 posts, read 63,432,187 times
Reputation: 23222
Quote:
Originally Posted by JCParalegal View Post
Landlord/Tenant matters are heard in Special Civil.

The police do not and will not have anything to do with it.
Thanks for the update on NJ procedure...

I've been involved in a similar situation and the Police Precinct Commander was very helpful in mediating the situation through reason... and it worked and the person voluntarily vacated.

The Officer said they will often choose to intervene in Boyfriend/Girlfriend disputes by asking the "Guest" to leave.

Last edited by Ultrarunner; 02-03-2008 at 09:44 PM..
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Old 02-03-2008, 09:54 PM
 
106 posts, read 896,225 times
Reputation: 125
Quote:
Originally Posted by Ultrarunner View Post
Thanks for the update on NJ procedure...

I've been involved in a similar situation and the Police Precinct Commander was very helpful in mediating the situation through reason... and it worked and the person voluntarily vacated.

The Officer said they will often choose to intervene in Boyfriend/Girlfriend disputes by asking the "Guest" to leave.

The "police precinct commander" is very lucky that both he and the town weren't named in a civil suit for a forcible entry and detainer without lawful execution of a warrant for possession.
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