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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33708
Experience:  Attorney for over 15 years, landlord 26 years
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I live in an apartment with four bedrooms. I occupy one and

Customer Question

I live in an apartment with four bedrooms. I occupy one and rented the other 3 bedrooms to 3 roommates. However, one of the roommates stopped paying in June 2015. I would like to evict her but do not know the legal steps to take. My landlord knows that I have the 3 roommates.
Can you please tell me what I can do to have her leave?
Thank you
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Do you have individual written eases with each individual tenant so you have a lease with just this problem tenant on it?

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Or was this just a verbal lease agreement?

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Is the roommate supposed to pay rent to you and you pay the landlord the entire amount?

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thanks

Barrister

Customer: replied 1 year ago.
I have a lease with the Landlord under my name. I do not have leases with my roommates. Landlord allowed me to have roommates, but I pay the landlord and the roommates pay me.
Expert:  barristerinky replied 1 year ago.

Ok, then what you have is oral month to month leases with each tenant and you are their landlord.

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So to evict the one problem tenant, you would need to first start out by giving them a written demand notice to pay rent or vacate. If the tenant doesn't immediately pay the rent due, then you can file an eviction complaint in the Superior Court, Special Civil Part. Normally the court date is at least 10 days later. You appear and explain why the court should rule in your favor and order the eviction. If you are successful, the judge will order the eviction and a warrant of removal. After 3 days the constable will serve the warrant and 3 days later you can have the constable put them out.

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thanks

Barrister

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