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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6851
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Law Educator. I have a friend that is to be in a real bad

Customer Question

Hello Law Educator. I have a friend that is to be in a real bad spot. Here;s whats going on. They both resided in Parkside court apts in Ewing NJ for 2 years. The boyfriend was the only one on the lease and vacated the apartment and wrote a letter to the *** ***** saying they could keep his security deposit in lieu of partial back rent and breaking the lease and all of his items would be removed and the complex can take the place back March 1st. This was on the 20th. My friend with * ****s (*******) is told by the apt complex supervisor that she needs to be out by march 1st too since the boyfriend said he was leaving. This was told to her today on the 25th. She is NOT on the lease. The real crazy part is all of the items in the apartment furniture, tvs, bedrooms sets are all hers. The guy just up and left. I have been trying to find a comparable / affordable apartment for her but not less than a week. What are her options? Can she stay until they evict her? That should buy her some time to find a place. Any help would be appreciaed
Submitted: 9 months ago.
Category: Real Estate Law
Customer: replied 9 months ago.
Hello. I have a friend that is to be in a real bad spot. Here;s whats going on. They both resided in an apartment complex in Ewing NJ for 2 years. The boyfriend was the only one on the lease and vacated the apartment and wrote a letter to the Apt complex saying they could keep his security deposit in lieu of partial back rent and breaking the lease and all of his items would be removed and the complex can take the place back March 1st. This was on the 20th. My friend with 3 kids (2 of which are by him) is told by the apt complex supervisor that she needs to be out by march 1st too since the boyfriend said he was leaving. This was told to her today on the 25th. She is NOT on the lease. The real crazy part is all of the items in the apartment furniture, tvs, bedrooms sets are all hers. The guy just up and left. I have been trying to find a comparable / affordable apartment for her but not less than a week. What are her options? Can she stay until they evict her? That should buy her some time to find a place. Any help would be appreciated
Expert:  Irwin Law replied 9 months ago.

Yes your idea is sound. The fact that she is in legal possession of that apartment means that they have to evict her and that will take some time. My guess is at least two weeks. Plus, if she shows that she is making an honest effort to move as quickly as possible, they may not even file for eviction. They won't want to spend the money if it isn't necessary.

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Customer: replied 9 months ago.
Hello Irwin law. Follow up question only 2 weeks? That seems to be an awfully short time frame, especially for what I read about NJ tenant / landlord law. I thought most states you have to have at least a 14 - 30 day notice to vacate. And then once that's filed and if the tenant still has not moved the landlord must file for a judgment for possession. which could take 30 or less depending on the severity of the situation (ie property damage, threatening other tenants ). I found her another apartment to go to, however the new landlord said the new apartment will not be available to April 1. The last thing she wants, is for her and kids forceably removed from the apartment,. It's just a bad situation forced upon her. Do you have any suggestions with approaching the current landlord and asking for some type of repreieve maybe paying reduced rent while waiting for new apartment?
Expert:  Irwin Law replied 9 months ago.

Do you have any suggestions with approaching the current landlord and asking for some type of repreieve maybe paying reduced rent while waiting for new apartment?

I would approach them now and offer to pay a full months rent for March now. Having evidence that she has an apartment to go to on April 1 should help. You might contact a local attorney about the time frame for eviction in your area. It can vary a great deal from court to court in the same county. I hope that this is helpful.

Customer: replied 9 months ago.
I have to honest, im really not happy with these vague / general answers. And the boyfriend was main source of income she only works part-time
Expert:  Irwin Law replied 9 months ago.

What you're telling me is that your friend does not have enough money to offer to pay a full months rent for March. Is there any chance she can get the ex boyfriend to contribute something? She might try going to a Township Trustee type official who has relief funds available for families in emergencies. They will very often provide money for temporary shelter for people in her situation. Legally, the landlord is entitled to possession of the apartment on March 1. Only a local lawyer can tell you if there is a chance of stalling them long enough to get her moved. I'll be frank, the fact that she is not a tenant on the lease, and has insufficient funds to pay March rent is not promising. I'm sorry that I cannot tell you the exact number of days that you may be able to get for her By going to court and opposing an eviction suit.

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