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I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
The notice requirements for something like this are different in every state. Where is the apartment located?
I'm sorry to say that, in New Jersey, a landlord may only evict a tenant for very specific reasons, and having a new tenant move in after an existing tenant moves out is unfortunately not one of them. There would have to be a specific clause in the lease prohibiting any subleasing, and there would have to be a clause allowing you to terminate the lease if they violated that, and you'd first have to give notice to remove the other individual or move out.
But even after all that, a judge would have to find that having someone new move in is a substantial violation of the lease such that it's reasonable to make them move out, and I'm afraid it's not. You leased the property to two people, and there are two people living there now. If you were to go to court on this, a judge would most likely find that your tenant is allowed to stay, as long as she's not violating any other lease provisions.
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But because she's still living there, this isn't considered the type of substantial violation that would allow you to terminate the lease. You'd have to be able to meet all of the requirements I listed above.
If you believe you can prove all of those things, then you have the ability to give her a notice to correct the lease violation or vacate. The notice must give her at least one month to solve the problem, and you cannot file for eviction if she removes the other individual. But I want you to understand that, if you go to court on this, in my opinion, there is a strong possibility the judge will rule in favor of your tenant.
New Jersey law VERY HEAVILY favors the tenant. Very heavily. Again, to have the tenant removed, you must show ALL of the following. Your responses only address one of the factors I mentioned.T
I'm sorry. I do not make the laws. I couldn't possibly take less pleasure from telling people things they don't want to hear. But New Jersey law does not favor you. You have an absolute right to serve that notice, and an absolute right to go to court if the third party doesn't leave. But I cannot state with any certainty that you'll win - and you could be shooting yourself in the foot if she has the other party leave, then can't pay the rent, and you wind up having to evict her for non-payment in two months.
Do you have any other questions about this?