Real Estate Law
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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.
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