My tenant has a roommate that needs to be evicted

Question by bartoszt Reward: 1000 Pond Points + 10 Knowledge Tokens Status: Pending a resolution
Hello,

I found your website when I was trying to find an answer to my problem. I own a two family house and I rent the second floor apt to my mother. My mother decided to rent a room in the house to help her pay the rent. She drafted up a contract with the roommate stating that the roommate would be payng her share to my mother. There was nothing signed between myself (the landlord) and the roommate. Now the roommate is not paying rent and were not sure what to do, and if any laws were broken by my mother when she drafted up the contract with the roommate even though she is not the landlord, or by me by allowing this. Do we need to go to court to get the roommate evicted, or can I just say that there was nothing signed with me and therefore the roommate has to go? How do we force the roommate out? Do I need a lawyer? Thank you for your time and help.

Clarification by bartoszt
Thanks for the reply. The house is in Jersey City, NJ. I do not have any lease signed with my mother. My mother however had drafted a lease which the roommate had signed. Major points of the lease:
The term of the lease is periodic tenancy on a month-to-month basis until the landlord or tenant terminates the tenancy. Upon the greater of 15 days notice the landlord may terminate the tenancy if the tenant has defaulted in the payment of rent. Upon the greater of 30 days notice the landlord may terminate the tenancy without cause or reason.

We have verbally asked the roomate to move out but she boldly declared that she will wait for the court notice to do so. Do we need to send a certified, return receipt letter demanding vacation of the apt before we go to court? Not sure what our first steps should be. Thank you



Reply from grover_ap User Rating:  680 Knowledge Tokens
Hi bartoszt,

Sorry to hear about your unfortunate living arrangement. Laws are different depending on which country/state you live in. A few questions for you:

Can you post a summary of the contract your mother has with the roommate?
Do you have any written contracts with your mother regarding the living arangements?
Also, have you or your mother asked the roommate to leave?

Please click on the 'Post Clarification' button to reply. And welcome to the site!
Reply Rating: 0    


Reply from uckertaylove User Rating:  0 Knowledge Tokens
you sould tell him to payor leave if he doe not then go to court or get him to sign
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Comment from laridelong User Rating:  20 Knowledge Tokens
i think if he does not pay the rent you can say get the hell out!!!!


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