Sorry for the delay -- I was offline. I don't really need any additional info, I was just using the request to see if you changed your mind.
NJ courts treat a landlord-tenant action very similarly to small claims
court. The differences:
1. Small claims: judge asks the questions; landlord-tenant: parties are permitted to testify and cross examine witnesses.
2. Small claims: minimal evidence rules; landlord-tenant: regular evidence rules.
Similarities: judge makes all decisions, and frequently asks questions, even if not requested (which for attorneys can be really annoying).
Your claim, as I understand it, is that the employee
's job was terminated but she did not leave. If there is no evidence other than a verbal agreement that the employee could remain in the property, you may want to consider testifying that you wanted the tenant to leave immediately, and that's been your position from the moment she was terminated -- and to the extent that she has been permitted to remain, it's only because you haven't been able to get her to voluntarily vacate.
The reason for this is that under the common law, an employee who is terminated has no right to remain in the premises, and you are entitled to immediate possession
. And, that's the result you want.
There is another issue that apparently has escaped the employee's lawyer: a letter to you threatening to report you to the Department of Labor
unless you pay $5,000 and allow the employee to remain in the property until June 30, may be criminal extortion
. You can contact the sheriff/police and make out a criminal report. You can also contact the Office of Attorney Ethics and lodge a complaint: 1-(800)-406-8594. This won't get the employee out of your home, but it may create a host of problems for the attorney.
Also, I'm concerned about the charge that the employee assaulted your mother. I'm not sure why you didn't file a complaint with the sheriff/police concerning that -- or contact Adult Protective Services.
APC may decide that the caregiver should be prosecuted for the assault, if you have evidence of its occurrence. APC may also decide to obtain a protective order for your mother, which would require that the employee vacate the premises immediately.
BotXXXXX XXXXXne, at this point, it's way too late to try to craft a strategy, other than for you to just explain what has occurred and let the judge decide whether to issue the writ. But, if the court won't give you possession, then you may want to contact APS and see if they will investigate.
Please let me know if I can be of further assistance.