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I have a house guest refusing to move out. What do I do? and…

Customer Question
I have a house...

I have a house guest refusing to move out. What do I do? and can you help me?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

New Jersey

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, I would like to know if I have submitted my request in writing, can I change the locks and box and move their items out?

Submitted: 8 months ago.Category: Legal
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Answered in 5 minutes by:
9/28/2017
Lawyer: ScottyMacEsq, Attorney replied 8 months ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,160
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

I'm sorry to hear about your situation. How long has the house guest been staying there?

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Customer reply replied 8 months ago
It's been nearly three months.
Lawyer: ScottyMacEsq, Attorney replied 8 months ago

Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

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Lawyer: ScottyMacEsq, Attorney replied 8 months ago

As it's been three months, the houseguest has essentially become a "resident" and as such you have to file what's known as a "wrongful detainer" (eviction) action. Unfortunately you can't engage in "self help" eviction (changing locks, etc..). You would need to give a "30 day notice to vacate" in writing to this houseguest.

You can't just "kick him off" your property. Self help evictions are illegal, and you can be sued for wrongful eviction. Rather, you need to give him a 30 day "notice to vacate", written, that states that he has 30 days to leave the premises, otherwise you will start eviction proceedings against him.

Even though he's a house guest, he would still need to be evicted if he does not leave voluntarily.

Now if he is still there after 30 days, you can certainly go to your local JP court and file the eviction forms and go through the process to forcibly remove him from the property. You could also seek restitution through this court action (for the costs, etc... of the eviction).

Hopefully it won't get to that point, that he'll see the writing on the wall and voluntarily leave. But he does not have any further rights to ownership or possession of any part of the premises past those 30 days.

Here's a notice that you can use: http://www.simplifyem.com/forms/new-jersey-notice-to-vacate. Click the "preview" button and put in your email address to download preview, which you can use the same language in the 30 day notice.

Again, if he doesn't move out, you'd need to go to your JP court to file for an eviction (after the 30 days is up).

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Lawyer: ScottyMacEsq, Attorney replied 8 months ago

Did you have any other questions before you rate this answer?

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Customer reply replied 8 months ago
When you talk about the notice, in writing, is a letter from me, handed to them, sufficient? Or is there a formal letter that is needed, to get the 30 day warning active? I mean, can I write this letter and hand it to them or does it have to be submitted through the court? How does that work because, I have written three letters to them submitting that they have to September 30th, 2017 to move off of the premises. Does this type of letter count?
Lawyer: ScottyMacEsq, Attorney replied 8 months ago

Yes, it's sufficient. You just want to make it clear that they have 30 days to vacate. It doesn't have to be submitted through the court. If the September 30, 2017 letter was written and delivered AT LEAST 30 days prior to Sept 30, then that would be sufficient. But you have the burden to establish when it was delivered and that it did give 30 days. The notice itself has to give 30 days, so if it was less, you need to do it again.

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Lawyer: ScottyMacEsq, Attorney replied 8 months ago

Did you have any other questions before you rate this answer?

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Lawyer: ScottyMacEsq, Attorney replied 8 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

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Lawyer: ScottyMacEsq, Attorney replied 8 months ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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Lawyer: ScottyMacEsq, Attorney replied 8 months ago

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (OVER 1 HOUR now) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Lawyer: ScottyMacEsq, Attorney replied 8 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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