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New Jersey Suburbs of Philadelphia Burlington County, Camden County, Gloucester County, Salem County in South Jersey
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Old 11-18-2014, 08:44 AM
Location: OCNJ and or lower Florida keys
811 posts, read 1,934,425 times
Reputation: 835


i went through this in cape may county NJ last year. First I sent them a 10 day "Notice to Quit" after the ten days were up i went to the local county courthouse to start the process of removing them from the house. you need to go to the county courthouse. go to the special civil court division in the county where the property is located. you can file to start an eviction process but since they don't pay rent and were invited guests as it was in my case. I filed a paperwork demanding possession. It usually takes less time than an eviction. regardless of a not having a lease they had established residency as soon as they were in the house for 30 days. the court gave me paperwork to send them the reasons for my demanding possession. I sent it through delivery confirmation usps mail. You can also hand deliver it too. They had ten days to reply back showing "just cause" at to why they should be allowed to stay at the property. they actually filed a "just cause" reply at the courthouse 2 hours before the 10 day deadline was up. The court then set a court date for us to meet in court. I called the police and hand delivered my court summons to the house and the main uninvited guest anwsered the door. I handed the summons to her in full view of the police. About 10 days later everyone went to court. the judge agreed with me. I was given a
"writ of possession" by the court directly after the case was over that day a the courthouse. the writ said they had 14 days to vacate the property or i could have local law enforcement/sheriff physically remove them for the property. They agreed to move out within 10 days. They did and i got the property back. lucky for me they did not damage the place. I consulted a lawyer but did not use one in court. it cost me money to file the initial paperwork and the court summons. all in all less than $100 not including time off from work and gas travel expenses.
If they did not file a "Just Cause" I would have went to the court clerk after the 10 day deadline and they would have given me a "writ of possession" specifying a specific date they had to vacate the house. I would have then hand delivered under police presence the writ of possession and had them out within 14 days. If they still didn't leave i would have contacted local law enforcement. They would have set up a date to physically remove the tenants and i would have legally been required to change the locks at that time.
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Old 12-21-2014, 12:25 PM
28 posts, read 47,857 times
Reputation: 26
Like Bigh110 said. You can evict also him. In my experience it costs maybe $400 and two to three months for an eviction and thats using a lawyer who specializes in evictions. No way should you lose your homw because of this deadbeat.
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Old 12-21-2014, 01:59 PM
Location: Behind You!
1,949 posts, read 4,123,374 times
Reputation: 2758
Grab your brother by his neck and throw him face first into the sidewalk! Getting mail somewhere doesn't make him a resident. If he's not on the lease he has no legal claim. That's how I'd do it. If that's not your style then eviction is the way to go.
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