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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I own a home in New Jersey, my daughter is living in there

Customer Question

I own a home in New Jersey, my daughter is living in there now. The electric is in her name because she did not pay the bill on time also she wanted cable so she had to get her own cable. I was leaving her my home when I passed up there in NJ. I live in FL. I have just found out in September that she had not paid the taxes since 2014!!! and my home that my husband I built in1953 had a lien on it...to my horror. So I had to pay to have my have my home back. My question is how can I have her and now her son who has sent me a Thank you note for giving him my home for him and his new wife my home for his family to live in. I have two other grandchildren and I have no intention of giving him a home when I cannot give equal to the other two. Back to my question how can I have my daughter and grandson legally leave my home only taking their possessions and Leaving everything that is in my home upstairs , downstairs in the attic and in all and 6 garages that is not theirs. I am 85yrs old. I live with my other daughter here in Fl. What is the best option for me to do to get them out of my home? There have been way to many embarrassing situations in our home town where my Husband and I had a very good standing. I am very ashamed. I want to take the items that I want and sell my home and disperse the money as I feel fair.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Richard replied 1 month ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 1 month ago.

I'm so sorry for this situation. But, you can get them out. But, if they will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, the occupants are considered “at will” tenants and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 30 days. If they do not leave voluntarily, under New Jersey law, you will then need to give a 3-Day Notice to Quit...meaning they must vacate the premises within that period or face formal eviction. Then, if they still do not leave, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict.

Expert:  Richard replied 1 month ago.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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