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LegalEagle1
LegalEagle1, Attorney
Category: Legal
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Experience:  Practicing attorney licensed for over 25 years.
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Hi, I need some advise. Please let me know if there is a charge

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Hi, I need some advise. Please let me know if there is a charge for your answer. I wish to terminate a verbal agreement and give the live in nanny 30 day notice to vacate my 3 bedroom apartment in the state of N.J. She was supppose to have free room and board and 25 hrs of of employment to drive my 80 year old mom around; Dr's, YMCA, Shopping, ect. She has only been here Since August 1st and it's not going to work out. The first week she was suppose to start, she informed me her car was not hers and that her dad has taken it away. I wish her to leave and do not have any hrs for her since I have hired a live out chauffeur/nanny for my mom. She is not on the lease and there was only a verbal between us. How do I get her out properly? I can be reached at XXX-XXX-XXXX, or e-mail [email protected] Thank you

LegalEagle1 :

Hello and welcome to JustAnswer.


I would like to assist you today.


 

Customer:

great, I'm here,

LegalEagle1 :

As far as a charge for answers, you will have an opportunity to rate the answer at the end. If you you are satisfied with the answer you should rate the answer with 3 or more stars. If you are not satisfied, please let me know what further information you require.


 


 

LegalEagle1 :

Basically what you need to do, since she is to file and action for an eviction/ejectment to have her removed from your premise.

Customer:

ok. I just signed up for the monthly 5 ques. Any chance you can advise me now on my current situation? What was that? she has to file with whom?

LegalEagle1 :

Sorry typo. Since she has established residency in your home you need to proceed with an eviction.

Customer:

great, how do I do that? I want to keep the property management out of it. Can't I just write her a notice to vacate? or do I have to file in the courts now and/or wait 30 days after the notice? come on, help me out here. Do the cops have to get involved?

LegalEagle1 :

You need to give her the standard notice to leave your property, if she fails to vacate then you would file an eviction action. The only difference from the typical landlord/tenant case is that you will not be pursuing a cause of action for unpaid rent.

Customer:

It is not my property, I am renting. She is not. She was suppose to be an employee and is fired.

LegalEagle1 :

Well she basically is a sub-tenant of yours.

LegalEagle1 :

How does she respond when you ask her to move?

Customer:

ok, what is the standard notice to leave the property and does it have to be signed, notorized or can I just hand it to her? It's only been since yesterday, and she agrees the lack of a car is a deal breaker, and then asked me what her rights are and if she was on the lease. ( Are you kidding, no you're not on the lease) This question and lack of common sence had led me to get your advise

Customer:

do I have the right to move her stuff out of the bedroom and into the front room and use the room for my own mini storage space? do I still have to feed her?

LegalEagle1 :

I have tried to locate you notice to vacate form on line and cannot find a free one.


 


You can purchase one at http://www.trexglobal.com/forms/new-jersey-notice-to-vacate or you can try an office supply store also.

LegalEagle1 :

You should not move her stuff, but you are not required to feed her. The concern would be who is going to monitor when she home alone.

Customer:

am i getting billed for every question im asking?

LegalEagle1 :

I have an non-conventional way for you to get her to leave that some of my clients have used in the past to get an unwanted guest to leave.

LegalEagle1 :

no, you can rate me at the end of the session and incur one charge.

Customer:

pray tell

Customer:

:)

LegalEagle1 :

Offer her an incentive to leave on her own. Tell her that if she is gone by Saturday you will give her $150.00.

LegalEagle1 :

It will be less aggravating than an eviction and she will go willingly.

Customer:

yeup, I thought of that, and will offer her 300.00 -500.00 to cut my losses. Thanks

LegalEagle1 :

If you have to go through the whole eviction process, it will cost you more than that to have her set out.

LegalEagle1 :

Does she have a place to move?

Customer:

can I put a nanny cam up

Customer:

Do I have the right to have a nanny cam?

LegalEagle1 :

In New Jersey you cannot record audio w/o consent of a party. The statute is silent on video. But if you put up notice that you are recording video and have the camera visible then you should avoid any issues.

Customer:

I am worried.

LegalEagle1 :

Does she have a place to move?

Customer:

ok, I dont need audio, the other nanny will be in chg of mom, I'm just worried about my stuff

LegalEagle1 :

If she has no where to go you can offer take her to a pay by the week hotel, pay for the first week and give her what remains of the $500.

Customer:

her parents don't want her, problem child. Don't think so, she's applying for other live in nanny jobs

LegalEagle1 :

If she doesn't take you up on your offer then you have to proceed with the eviction.

LegalEagle1 :

Hopefully she has a friend who will take her in and you can give the money to go there.

Customer:

hmm, I like that. then I'll have to pay for a storage unit for her, yikes, this could get expensive on so many levels.


yeah, the 30 day notice- just hand it to her?

Customer:

and do I have the power to start the eviction without involving the management company?

LegalEagle1 :

Why would you have to pay for storage?

LegalEagle1 :

yes you can file it pro se.

LegalEagle1 :

You fill out the notice and hand it to her, yes.

Customer:

what does pro se mean?

LegalEagle1 :

For one's own behalf; in person. Appearing for oneself, as in the case of one who does not retain a lawyer and appears for himself or herself in court.

Customer:

ok, wish me luck. Excellent service!

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