we are a couple in New Jersey that has a lease of a second flr of a 2 family house... there people living there that are not on the lease already... we need the extra space for our reletives to move in on the 2nd floor with us... we are the lease holders...can we evict the people in the house that are not on the lease... because they are not on the lease and we are the lease owners...?
Real Estate Attorney
I don't understand your question. You lease the entire 2nd floor but there are other "occupants" that are not roommates/subtenants of yours? Why are they there and who let them in? Were they there when you got there? They may have rights and until you tell us more, it's difficult to know whether you or your landlord would need to evict them, assuming they don't belong there.
I may be guessing or not licensed in your state. No atty/client relationship exists. I earn my living collecting points for "helpful" answers.
3 lawyers agree
Real Estate Attorney
If the people you wish to have removed are on a sub-lease, or if they contribute towards rent, utilities, or general upkeep (even if they are not on a lease); the courts might impute a landlord-tenant relationship between you and them. In such case, you would proceed with an eviction cause of action in the landlord-tenant courts.
However, if those other people are not on a lease and if they do not contribute financially; in all likelihood you and they do not have a landlord-tenant relationship. In this case, you would need to file an action for ejectment through the law division (not through the landlord-tenant court.)
Ejectment is a legal action brought by a plaintiff under N.J.S.A. 2A:35-1 and R. 4:59-2, claiming a right to possess real property against a defendant who currently possesses the property. In New Jersey, the common law action of ejectment was replaced by N.J.S.A. 2A:35-1, which states, “Any person claiming the right of possession of real property in the possession of another or claiming title to such real property, shall be entitled to have his rights determined in an action in the Superior Court.” It differs from a summary dispossess action under N.J.S.A. 2A:18-53 which permits the removal of tenants or lessees under certain circumstances (e.g., holdover tenants, defaults in rent, and certain violations of the leasing agreement), but does not involve claims to title of the property. Ejectment actions should be brought in the Law Division.
I recommend you consult with a real estate attorney for a consultation on the specific facts of your case; and for advice on how best to proceed. I wish you the best.
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